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PbUTLAND,  MAINE. 


i^Jy  ..sA^ 


'SiJCoJ^  <z^  kAjy 


c^ 


Accession 
No 


j^alne  Gf '  ia'og^ 


COLLECTIONS 

OF  THE 

MAINE  HISTORICAL  SOCIETY 

SECOND   SERIES 


DOCUMENTARY 

HISTORY  OF  THE  STATE  OF  MAINE 


VOL.    IV 


CONTAINING 


The  Baxter  Manuscripts 


EDITED 


By  JAMES  PHINNEY  BAXTER,  A.M. 


PUBLISHED    BY  THE   MAINE   HISTORICAL   SOCIETY,    AIDED    BY 
APPROPRIATIONS  FROM  THE  STATE 


V 0 R T  LAND 
JJIiOVVN    THURSTON    &    COM  i' ANY 

1889 


PROPERTY  OF  THE 

MAINE  GENEALOGICAL  SOCIETY, 

^INCORPORATED  1884. 


Coinjright  1889 
By  the  Maine  Histokical  Society 


PRESS  OF 

Brown  Thurston  &  Co.,  Portland 


V. 


INTRODUCTION. 


THE  documents  in  this  volume  have  been  gathered  by 
me  during  many  years,  from  the  archives  of  Massachu- 
setts, the  office  of  the  Public  Records  in  London,  and  the 
Bureau  of  Marine  and  Colonies  in  Paris.  The}^  are  not  all 
of  equal  importance,  and  several  might  perhaps  have  been 
left  unprinted  without  loss  to  the  general  student  of  Maine 
history  ;  but  when  I  reflected  how  important  even  trivial  allu- 
sions to  a  subject,  perhaps  but  the  mere  record  of  obscure 
names,  frequently  become  to  the  special  gleaner  in  the  his- 
toric field,  I  did  not  feel  willing  to  incur  the  responsibility  of 
discarding  from  my  collection  those  documents  which  did 
not  seem  to  me  to  possess  an  interest  of  a  marked  character. 
My  intention  was,  at  the  outset,  to  follow  a  strictly  chrono- 
logical method  of  arrangement ;  but  some  documents  of  an 
earlier  date  than  others  which  had  already  been  printed, 
having  come  into  my  hands  while  the  work  was  in  progress, 
I  was  ()l)liged  to  somewhat  depart  from  the  order  with  which 
the  work  was  begun. 

I  regret  that  it  was  impossible  to  correct  my  proof  by  the 
original  documents,  but  I  trust  that  important  errors  have 
Ijeen  avoided;  certainly  those  documents  from  the  Massa- 
chusetts archives,  which  my  venerable  friend  David  Pulsifer, 
of  Boston,  has  copied  for  me  with  a  painstaking  fidelity 
peculiar  to  the  born  antiquarian,  should  be  as  free  from 
error  as  any  such  work  performed  by  fallible  man. 

JAMES  PIIINNEY   IJAXTEU. 

01  Deerinq  Street, 

Portland,  Maine,  1889. 


495i[)S3 


CHRONOLOGICAL  TABLE  OP  CONTENTS. 


PAGE 

1629    Feb.  28    Grant  to  Thomas  Lewis  and  Rich:  Bonython,   .  «    1 

1631     June  28    Possession  given, 4 

.1641    Oct.  30    Asjamenticus  division  of  land, 421 

1643  Oct.   20     Memoiies  Genereaux, 431 

1644  Mar.  20    Deed  from  Richard  Vines  to  Thomas  Withers,  .        .  207 

1645  May  25    Depositions  of  George  Cleeve  and  others  concerning 

Nash, 5 

June  30    Deposition  of  Henry  Watts, 6 

Deposition  of  George  Deai-itig, 6 

Deposition  of  John  Smith, 7 

July    1    Deposition  of  Michael  Mitton 7 

July    2    Deposition  of  George  Lewis, 7 

July    3    Petition  of  George  Cleeve 8 

1648    June  26    Deed  from  Nicholas  Shapleigh  to  William  Bartley,  9 

1651  June  20    Lettre  ecrite  par  le  conseil  de  Lubeck,      ,        .        .  433 

Nomination  de  Godefroy    pour    traitter    avec    les 

commissairesde  la  Nouvelle  Angleterre,       .        .  434 

Sept.  18     Grant  to  Thomas  Broughton,           ....  12 
Oct.    31    Kittery  to  be  received    under  the   government  of 

Massachusetts 11 

Oct.    31     Commissioners  appointed, 11 

Petition  of  Thomas  Broughton,        ....  13 

Petition  referred, 13 

Nov.  22    Grant  to  Agamenticus, 3o 

Dec.   —    Copy  of  entry  of  action  against  Richard  Leader,      .  5.") 

Dec.     2    Copy  of  attachment, 55 

Dec.    12    Copy  of  the  court  order, 56 

1652  July     9    Protest  of  commiasioners  of  Massachusetts,           .  14 

Answer  to  protest, 1> 

Letter  of  Edward  Godfrey  to  the  secretary  of  the 

General  Court, 16 

Sept.    8    Men  chosen   to  case  between   Joseph   Mason   and 

Richard  Leader, 57 

Oct.    19    Latitude  of  the  noithernmost  part  of  Morrimac  river,  IS 

Survey  of  the  Merriinnc  river, 227 

Oct.    23    Civil  government  to  be  settled  at  Kittery,     .         .  19 

Oct.   23    Return  of  the  Massachusotta  commissioners,     .        .  23 


VIII  CHRONOLOGICAL    TABLE 

PAGE 

1652    Nov.  13    Notice  from   the  Massachusetts  commissioners  to 

Kittery,  Isles  of  Shoals  and  York,  .        ...  20 
People  of  Maine  who  acknowledged  the  government 

of  Massachusetts 22 

Nov.  20    Submission  of  the  inhabitants  of  Kittery,    .  24 

Grants  to  Kittery, 25,  28 

Summons  to  the  inhabitants  of    Agamenticus,     .  31 

Officers  chosen  in  Kittery  and  Isles  of  Shoals,  .        .  59 

Return  of  commissioners, 61 

Nov.  22    Court  held  at  Agamenticus, 33 

Imperfect  list  of  inhabitants  of  York,     ...  34 

Writing  tendered  by  Godfrey, 36 

List  of  freemen  sworn, 62 

Privileges  granted  to  Kittery  and  York,     ...  63 

Nov.  23    Answer  to  Godfrey's  wiiting, 37 

Civil  government  settled  at  York 38 

Return  of  Massachusetts  commissioners,       .        .  39 
List  of  people  who  acknowledged  the  government 

of  Massachusetts, 41 

Commission  granted  to  York,          ....  65 

Nov.  24    Pi-otection  granted  to  Nicholas  Shapleigh,         .        .  42 

Officers  appointed  for  different  towns,   ...  42 

Dec.   20    Petition  of  Kittery  to  Parliament,       ....  43 

—    Petition  of  Henry  .Jocelyn  and  others  to  the  governor 

and  General  Court  of  Massachusetts,      ...  46 

16.53     Mar.  11     Warrant  to  the  marshal  of  York,     ....  101 

Mar.  22    Warrant  to  the  marshal  of  York,         .        .        .        .117 

Mar.  23    Letter  of  Benjamin  Gillam  to  Hugh  Gunnison,     .  102 

Apr.   11     Warrant  served  on  Gunnison, 101 

May     6    Petition  of  Henry  Boade, 48 

The  same  to  be  considered, 49 

May    11    Petition  of  Thomas  Wheelwright  on  behalf  of  the 

people  of  Wells 50 

Answer  to  the  same, 50 

May    18    Remonstrance  of  the  inhabitants  of  Piscataqua,  51 

Answer  to  the  same, 52 

Petition  of  the  inhabitants  of  the  Isles  of  Shoals,  53 

The  same  granted, 54 

May    27    Petition  of  Joseph  Mason  and  Thaddeus  Riddan,  58 

Petition  of  Thomas  Wiggin  and  Simeon  Bradstreet,  70 

The  same  refused, 70 

The  same  granted, 71 

June    1     Return  of  commissioners  to  Kittery  approved,          .  66 
June    7    Commission  appointed  to  settle  the  civil  government, 

at  Wells  and  Cape  Porpoise, 67 

Submission  of  people  of  Wells,      .        ,        .        .     68,  69 


OF    CONTEXTS.  IX 

PAGE 

1653    July     4    Wells  acknowledged  the  government  of  ^lassachu- 

setts, 71 

Return  of  the  commissioners  to  Wells,          .        .  74 
July     5    People  of  Wells  who  acknowledged  the  government 

of  Massachusetts, 85 

People  of  WestSaco  who  acknowledged  the  govern- 
ment of  Massachusetts, 86 

People  of  East  Saco  who  acknowledged  the  govern- 
ment of  Massachusetts, 87 

Grants  to  Wells,  Saco  and  Cape  Porpoise,     .        .  89 

Officers  chosen  for  Wells, 80 

Officers  chosen  for  Saco, 91 

July    6    Protest  of  the  commissioners  against  any  exercising 

of  power 92 

Short  view  of  Ann  Mason's  case 93 

Sept.    5    Return  of  the  commissioners  ratified,        ...  97 

Letter  to  Cleeve  from  the  deputies,         ...  97 

Sept.  —    Petition  of  George  Cleeve,    .        .        .        .        .        .  161 

Dec.  21    Deposition  of  Robert  Mendum  and  others,    .        .  98 

Dec.  22    Deposition  of  William  Reeves  and  Richard  Stone,   .  99 

Feb.   16    Letter  from  Nicholas  Shapleigh,     ....  100 

16.54  •  Apr.  18    Deposition  of  John  Davis, 103 

Apr.  20    Deposition  of  William  Reeves,         ....  106 

Apr.  21    Deposition  of  Richard  Stone, 104 

Deposition  of  Rice  Thomas, 104 

Deposition  of  Robert  Mendum, 104 

Deposition  of  Joseph  Miles, 106 

Depo.sition  of  Joseph  Alcock, 107 

Apr.  22    Deposition  of  George  Brauuson,      ....  107 

Deposition  of  Thomas  Crocket, lOS 

Deposition  of  Robert  Mendum,       ....  109 

Deposition  of  Thomas  Crawly,            ....  109 

Apr.  24    Deposition  of  Gowan  Wilson,         .        .        .         110,  11^ 

Deposition  of  Phillip  Swadden 112 

Deposition  of  John  Andrews,          ....  112 
May  12    Deposition  of  Benjamin  Gillam,           .        .        .     11;3,  114 

May  15    Deposition  of  Mark  Munns, 115 

May   17    Replevin  of  goods  attached  by  Henry  Xorton,   .        .  IIS 
Oct.    18    Report    of    Clarke    and    Andrews    concerning    the 

northerly  bounds, 226 

Oct.    19    Report  concerning  the  head  of  the  Merrimac,         .  221 

Oct.    30    Petition  of  Edward  Godfrey, 121 

Nov.     2     Complaint  of  Edward  Godfrey,       ....  123 

Order  to  the  inhabilants  of  York,        ....  123 

—    Action  against  Hugh  Gunnison,       ....  116 


X  CHROXOLOGICAL    TABLE 

PAGE 

1654    —    Petition  of  Hugli  Gnnnison, 118 

—    Petition  of  Nicholas  Sliapleigh,      ....  121 

—    Petition  of  inhabitants  of  York, 124 

1655  Apr.  20  Return  of  the  commissioners,  ....  127 
May  26  Commissioners  to  make  review  of  their  return,  .  129 
Sept.    8    Answer  to  John  Bonython, 130 

1655-6  Mar.  19    Letter  to  the  town  of  Wells, 181 

1656  May  24    Order  to  constables  of  Saco, 131 

May  29    Order  to  the  court  and  inhabitants  of  York,      .        .  133 

Aug.  14    Letter  of  Edward  Rishworth  to  Gov.  Endicott,    .  138 

—    Bonytlion's  case  referred  to  a  conference,  p.  Curiam,  136 

—    Petition  of   York,  Kittery,  Wells,  Saco   and   Cape 

Porpoise  to  Oliver  Cromwell, 137 

1657  May     3    Petition   of    inhabitants  of    Yorkshire    before   the 

deputies, 142 

1658  May   26    Petition  of  Brian  Pendleton, 155 

The  same  granted, 155 

Feb.   10    Letter  of  Louis  XIII, 142 

1659  July     4    John  Thorp  indited, 168 

1660  Mar.  14  Letter  and  information  from  Edward  Godfrey,  148, 150,  152 
May  30    Return  of  the  commissioners, 156 

Petition  of  Falmouth, 160 

June    1    The  same  entered, 162 

June    9    Order  relating  to  general  trainings,         .        .        .  162 

Oct.      1     Deposition  of  John  Foxwell, 168 

Oct.    16    Part  of  the  report  of    commissioners  appointed  to 

inquire  into  the  eastern  aflfaiis,        ....  164 

Oct.    19    Deposition  of  Richard  More,    .        .        .        .        .  169 

Feb.   19    Letter  and  information  of  Edward  Godfrey,      .        .  152 

—    Letter  of  Henry  Jocelyn  and  others  to  Col.  Nlcolls,  146 

—    Petition  of  the  inhabitants  of  Maine  to  his  Majesty,  147 

—    Request  of  the  inhabitants  of  Scarborough,      .        .  169 

1661  Apr.     4    Petition  of  Ferdinando  Goiges,        ....  143 

Thei  same  referred  to  the  council  of  foreign  planta- 
tions,      145 

May   17    Petition  of  the  inhabitants  of  Wells,      .        .        .  171 

May   24    Petition  of  George  Cleeve, 164 

May  28    Return  upon  the  petition  of  Wells,          .        .        172,  173 

Return  upon  the  petition  of  Cleeve,    ....  166 

John  Thorp  forbidden  to  preach,    ....  170 

1662  May   17     Commission, 173 

May  26-7  Correspondence  between    Major  Denison    and    the 

General  Court  of  Massachusetts,     .        .        .       230-244 
May  27     Warrant  of  the   commissioners  for  holding  a  court 

at  Wells, 244 


May 

23 

July 

6 

July 

7 

July 

— 

Oct. 

24 

Nov. 

24 

Dec. 

10 

OF   CONTEXTS.  XI 

PAGE 

1662    May  27    Order  of  the  marshal  of  York         ....  245 
Letter  of   commissioners    to    Henry    Jocelyu    aud 

others, 245 

Resolution  of  trustees  of  Ferdinando  Gorges,    .        .  2-16 

Names  of  Gorges'  trustees, 247 

Agreement  with  the  trustees, 247 

Order  of  Gorges'  commissioners  to  Neale,     .        .  250 

Answer  of  Neale, 250 

Declaration  of  Robert  Jordan 25U 

George  Cleeve  vs.  Robert  Jordan 176 

Letter  of  George  Cleeve, ISO 

Petition  of  Daniel  Goodwin, 184 

—    Petition  of  William  Crown, 175 

—     Report  on  the  same, 175 

—    Letter  of  Richard  Waldroo, 182 

1663  Apr.    7    Letter  of  Godfrey  to  Povey, 251 

May  —    Letter  of  Daniel  Goodwin  to  Governor  Endicott,    .        1S5 

—    Resume;  an  abstract  of  accounts  of  the  title  to  lands 

in  Nova  Scotia, 252-254 

1664  June  29    Duke  of  York's  patent, 100 

Nov.    5    Letter  of  Henry  Jocelyn  and  others  to  the  commis- 
sioners,         186 

Protest  against  the  governor  and  council  of  Massa- 
chusetts intermeddling  with  the   government  of 

Maine, 187 

Nov.  22  Sur  les  expeditions  des  Anglois  en  Accadie,  .  .  436 
Nov.  30  Answer  to  the  letter  of  Henry  Jocelyn  aud  others,  .  188 
Feb.     4     Letter  from  George  Cartwright  to  Colonel  Nicolls,        255 

—    Extracts  from  several  pieces  relating  to  the  title  of 

Nova  Scotia, 195 

1665  May  .30    Letter  from  the  governor  of    New  England,  with 

affidavits  inclosed,  to  Sir  William  Morrice,       .'        .  225 

June  21     Warrant  to  inhabitants  of  York,      ....  205 

June  2;3    Order  of  the  commissioners, 202 

The  king's  commissioners'  commissions  for  justices 

of  peace  in  the  province  of  Maine,  .  .  258 
Oath  for  justices  of  the  peace,  ....  260 
Letter  of  Joseph  Mason  to  Robert  Mason,  .  .  265 
King's  commissioners  to  Secretary,  Lord  Arlington,  261 
Names  of  men  instituted  l)y  the  king's  commission- 
ers to  govern  the  province  of  Maine,       .        .        .  ;')14 

Order  of  the  General  Court, 260 

Commissioners  for  settling  the  eastern  parts,    .         .  206 

Aug.  22    Oath  for  justice  and  military  officerH,    .        .        .  271 

Oct.     6    Letter  from  Edward  Rishworth  to  Sir  Robert  Carr,   .  269 


July 

16 

July 

26 

July 

— 

Aug. 

1 

Aug. 

3 

XII  CHRONOLOGICAL   TABLE 

PAGE 

1665    Oct.    10    Letter  from  Sir  Robert  Carr  to  Danforth,       .        .         270 
Nov.  20    Letter  from  Carr  and  Maverick  to  Secretary,  Lord 

Arlington 272 

Nov.  22    Letter  from  Henry  Jocelyn  and  others  to  Col.  Nicolls,  276 
Nov.  29    Letter  from  the  justice  of  the  province  of  Maine  to 

Sir  Robert  Carr 277 

Dec.     5    Letter  from  Sir  Robert  Carr  to  Sir  William  Mor- 

rice, 279,  281 

Letter  from  Sir  Robert  Carr  to  Colonel  Cartv^right,    232 
Dec.    14    Report  of  the  commissioners  concerning  Connecticut,  284 
Report  of  the  commissioners  concerning  Rhode  Is- 
land,       285 

Report  of  the  commissioners  concerning  New  Ply- 
mouth,          289 

Report  of  the  commissioners  concerning  Massachu- 
setts,     299 

Report    of     the    commissioners    concerning    New 

Hampshire, 296 

Report  of  the  commissioners  concerning  Maine,        297 

—    State  of  the  colony  of  Kennebec,        ....    201 

—    Letter  of  Francis  Champernouu  to  the  king's  com- 

missioners,   267 

—    Petition  of  Sir  Robert  Carr  to  the  king,        .        .        283 

1666  Apr.     2    Petition  of  Richard  Bray  and  others  to  the  General 

Court, 316 

July  15    Letter  of  information  of  Edward  Godfrey,    .        .  154 

1667  Apr.   17     Mittimus, 206 

May  14    Letter  from  Nicholas  Shapleigh,      ....  207 

July   13    Deed  of  Vines  to  Withers  approved,  ....  209 
Sept.  10    Representation  of  Lewis  and  John  Kirk  concerning 

Acadia, 232 

Oct.      4    Deposition  of  Alexander  Jones 209 

Nov.  19    La  Corapagnie  des  Indes, 4:58 

—    The  title  of  the  English  to  Acadia  or   Nova  Scotia 

and  the  commodities  it  yields,  ....     240 

1668  Apr.  15    Warrant  to  apprehend  Peter  Weare,        .        .  211-215 
Apr.  24    Letter  of  Peter  Weare  and  others  to  Captain  Wal- 

drou, 210, 211,  214 

Apr.  28    Petition  of  the  inhabitants  of  Cape  Porpoise,    .        .  216 

Apr.  30    Petition  of  the  town  of  Wells,         ....  218 

May     9    Return  of  the  commissioners 302 

May  12    Commissioners  to  settle  the  government  of  Maine,  219 

May  15    Appointments  made  by  the  commissioners,        .        .  220 

May  20    Commissioners  to  Capt.  Waldron  and  others,        .  300 

Commissioners  to  General  Leverett  and  others,        .  301 


OF   CONTENTS.  XIII 

PAGE 

1668    July    3    Falmouth  men's  application  to  the   Massachusetts 

commissioners, 221 

Nov.     3    Petition  of  John  Littlebury, 312 

313 

307 

.    309 

317 

.     318 

319 

.    321 

322 

.     323 

32o 


May 

8 

May 

12 

May 

29 

Oct. 

15 

Oct. 

25 

Sept. 

6 

Oct. 

11 

June 

10 

Sept. 

19 

May 

20 

May 

23 

Aug. 

4 

Oct. 

2 

Oct. 

9 

Oct. 

11 

Mar. 

20 

May 

1 

May 

17 

July 

30 

Aug. 

1 

Oct. 

21 

Nov. 

10 

May 

0 

May 

27 

July 

22 

Oct. 

1 

Oct. 

0 

Oct. 

— 

Oct. 

15 

Jan. 

18 

Answer  to  John  Littlebury, 

Tetition  of  Falmouth  to  the  General  Court, 

Petition  of  Falmouth  to  the  king, 

1669  May     8    Agreement  of  the  town  of  Kittery, 
Letter  of  John  Littlebury,    .... 
Report  concerning  John  Littlebury, 
Petition  of  John  Littlebury, 
Answer  to  John  Littlebury, 
Petition  of  John  Littlebury, 

1670  Sept.    6    Deposition  of  Francis  Robinson, 
Letter  of  John  Winthrop, 356 

1671  June  10    Petition  of  several  inhabitants  of  several  freemen 
of  Falmouth, 323 

The  inhabitants  of  several  towns  to  the  governor 
of  Massachusetts, 326 

1672  May  20  Testimony  of  Richard  Lockwood,  ....  328 
Complaint  of  Richard  Lockwood,  ....  228 
Order  that  the  towns  in  Yorkshire  to  make  their 

several  rates,  not  consented  to  by  the  deputies,    .     329 

Government  to  be  settled, 330 

Deed  of  Nanaadconitt  et  al.  to  Francis  Neale  et  als,,  407 
Answer  of  the  selectmen  of  the  town  of  York,  .  369 
Petition  of  Richard  Collacott,  ....  330,  332 
Answer  to  the  same, 331,  333 

1673  Mar.  20    Proposals  of  Gorges,   Mason   aud   Stirling  to   the 
king, 342 

Letter  of   Edward  Rishworth  to  Captain  Richard 

Waldron 333 

An  account  of  several  persons  touching  charges  or 

expenses  about  Henry  Greenland,    ....    335 
Deed  of  Captain  Clarke  to  Robert  and  Mary  Morgan.    330 

Bounds  of  the  same  laid  out 337 

Petition  of  the  inhabitants  of  Kittery,  .  .  .  3:i8 
Answer  to  the  same, 341 

1674  May  0  Order  to  hold  a  court  at  Pemaquid,  .  .  .  314 
Appointments  made  to  hold  a  court  at  Devon,  .  .  347 
Report  of  court  at  Pemaquid 342 

1675  Oct.  1  Letter  of  Thomas  Danforth  to  the  .Secretary,  .  .  381 
Order  to  the  people  not  to  move  from  Falmouth,  348 
List  of  men  in  tlio  garrison  at  Falmouth,  .        .        .     349 

Petition  of  Nathaniel  Wailis 349 

Petition  of  Nathaniel  Waliis  granted,  .        .        .    350 

Country  rates  to  be  raised  in  Yorkshire,        .        .         350 


XIV  CHEONOLOGICAL   TABLE 

PAGE 

1675-6   Feb  2.    Petition  of  the  inhabitants  of  Falmouth  to  the  gov- 
ernor and  council, 351 

—    Capt.  Champernoun  to  the  king's  commissioners,  354 

1676    June  13    Letter  of  the  council, 358 

June  21    Letter  of  Edward  Rawson, 360 

June  26    Council's  answer  to  Randolph,         ....  36U 

June—    Letter  of  Edward  Rawson  to  governor  A.ndros,        .  376 
July   10    Warrant  for  General  Court  to  assemble  relative  to 

the  claims  of  Gorges  and  Mason,      ....  362 

Aug.    9    Question  proposed  to  the  reverend  elders,     .        .  363 

Aug.  12    Answer  of  the  reverend  elders 363 

Oct.      2    Testimony  of  James  Grant, 369 

Oct.    17    Letter  of  J.  L.  to  the  governor,  council  and  General 

Court 370 

Oct.    19    Petition  of  the  town  of  York, 371 

Answer  to  the  same, 372 

—    Petition  of  the  governor  and  General  Court  to  the 

king, 366 

—    Downing's  account  of  fish, 372 

1677  Oct.   22    Letter  to  the  Lord  Privy  Seal,  ....         380 

—    Letter  of  the  General  Court  to  the  commissioners,    .    377 

—    Petition  of  Anna  Shapleigh, 379 

1678  Aug.    9    Thomas  Danforth  to  the  secretary,      ....     381 
Oct.     8    Return  of  the  committee  appointed  to  consider  mat- 
ters relating  to  the  province  of  Maine,  .        .     382 

Oct.    24    Order  to  reimburse  Trery, 386 

—    Province  of  Maine  to  be  kept  in  the  country's  hand,     386 

1679  Feb.  10  Government  to  be  established  in  Maine,  .  .  389 
Feb.  12  Commissioners  to  establish  government  in  Maine,  .  390 
Mar.  18  Declaration  of  inhabitants  of  Maine,  .  .  .  391 
Sept.  6  Grant  from  Sir  Edmund  Andros,  ....  386 
Oct.   29  Fort  to  be  ei-ected  at  Casco  bay,       ....  389 

—  Petition  of  Kittery  to  the  king,  ....  392 

1680  May  26    Lands  in  Maine  to  be  sold, 394 

May  27    Deputies  consent  not, 394 

Aug.  14    Incroachments  of  the  government  of  New  York  at 

Pemaquid, 397 

Aug.  16    Government  at  Pemaquid  to  be  maintained  and  de- 
fended,         397 

—    Report  of  a  committee  in  relation  to  a  new  planta- 

tion on  the  northern  part  of  Casco  bay,  .        .    398 

—    Petition  of  Elisha  Hutchinson  and  others  to  the 

king, 394 

168 1  May  23    Addition  to  instructions, 400 


OF    CONTEXTS.  XV 

PAGE 

1681    May  31     Daufortli  elected  president  of  Maine,          .        .        .  400 
Committee  to  iuquiie  into  the  state  of  the  province 

of  Maine, 401 

Return  of  the  same, 401 

June    2    Same  approved, 402 

Aug.  18    Petition  of  Wells  to  Danforth, 403 

Aug.  18    Instructions  to  messengers, 404 

Oct.    15    Proposals  for  the  future  settlement  of  the  affairs  of 

the  province, 405 

The  same  approved, 406 

16S1-2  Mar.  7    Deed    from    Nanaadconitt    to    Xeale    approved,  409 
16S2-3  Mar.  22    Agreement    between    Thos.    Danforth    and    Mary 

Munjoy, 40i) 

The  same  confirmed, 411 

Mar.  31    Lands  conveyed, 412 

1683  Dec.     7    Petition  of  Richard  Wharton,          ....  412 

Petition  of  Jeremiah  Dummer, 415 

Dec.  10    Report  ou  the  same, 415 

1684  May  7  Grant  to  Thomas  Danforth  and  Samuel  Nowell,  .  414 
May  13  Grant  to  William  Stoughton  and  Peter  Buckley,  414 
July  26    Indenture  between  Thomas  Danforth  and  Captain 

Edward  Tyng, 416 

Jan.  20    Deed  from  Sarah  and  Albert  Jordan  to  Richard  Hun- 

niwell, 419 

1685  Oct.     2    Deed  acknowledged, 421 

1686    —    Memoires  generaux, 422 

1687  Oct.  6  Survey  of  land  for  Richard  Seacomb,  ...  440 
Feb.   20    Survey  of  land  for  Robert  Elliot,        .        .        .        .443 

1688  Mar.  22    Testimony  of   Thomas    Brown,    John    Goodenow, 

John  Grant  and  Jonathan  Stanhope,      .        .        .  448 

Apr.   12    James  Russell's  claims, 441 

Report  on  Mrs.  Phillip's  claim 443 

Aug.  15    Letter  of  Richard  Clements  to  Philip  Wells,        .  445 
1688-9  Jan.  3    Testimonies  of  Joseph  Graves,   Mary  Graves  and 

John  Rutter, 4^0 

1689  Sept.  7  Letter  of  Joseph  Prout  to  the  governor  and  council,  457 
Sept.  13-19  Letter  of  Major  Church  to  Major  Ricliards,  .  452 
Sept.  18  Letter  of  Joseph  Prout  to  the  governor  and  council,  451 
Sept.  20  Letter  of  Major  Swayno  to  the  governor  and  council.  453 
Sept.  21  List  of  men  slain  or  wounded  at  Falmouth,  .  .  454 
Sept.  22     Letter  of  Silvanus  Davis  to  the  governor  and  council,  455 

Letter  of  Major  Church  to  the  governor  and  council,  450 

Sept.  24    Letter  of  Major  Church  to  the  governor  and  council,  459 


XVI  CHRONOLOGICAL   TABLE 

PAGE 

1G89    Sept.  26 .  Letter   of    Silvanus   Davis    to    the    governor    and 

council 463,  464 

Letter    of    Thomas   Scottow    to    Major    Benjamin 

Church, 465 

Sept.  30    Letter  of  Silvanus  Davis  to  Major  Benjamin  Church,  467 

Letter  of  Joseph  Prout  to  Simeon  Biadstreet,  .        .  467 

Sept.  —    Letter  of  Rachel  Whitmore  to  Simeon  Bradstreet,  468 

Oct.     4    Letter  of  Jeremiah   Svpain  to  Simeon  Bradstreet,  469 

Memorandum, 472 

Oct.     7    Letter  of  Major  Benjamin  Church  to  council,       .  472 

—    Answer  to  the  same, 474 

—    Petition  of  John  Loder, 475 


DOCUMENTARY   HISTORY 

OF   THE 

STATE    OF    MAINE. 


Grant   to    Thomas  Lewis   S  Bich:    Bonytlion,   Feb.   28, 
1629. 

To  all  Xian  People  to  whome  this  p^sent  writting  indented 
shall  come  the  Councill  for  the  atFaire's  of  New  Eno-Umd  in 
America  send  Greeting  in  Our  Lord  God  everlasting  Where- 
as King  James  of  famous  memory  late  King  of  England  Scot- 
land ffrance  &  Ireland  by  his  highness  Letters  Patents  & 
Royall  Graunt  under  the  great  seale  of  England  bearing  date 
the  third  day  of  November  in  the  Eightenth  yeare  of  his 
Reigne  of  England  ffrance  &  Ireland  &c  :  for  the  causes 
therein  Expressed  did  al)Solutly  Give  Graunt  and  Confirme 
unto  the  sd  Councill  for  the  affaires  of  New  England  in 
America  &  their  Successors  forever  all  the  Land  of  New 
England  lying  &  l)eing  from  forty  to  forty  Eight  De'g. 
of  Northerly  Lat.  and  in  length  by  all  that  bre'adth 
aforesd  from  sea  to  sea  throughout  the  Mayne  Land  to- 
gether with  all  the  woods  waters  Rivers  soyles  havens 
Harbours  Islands  and  other  Comodityes  whatsoever  there- 
unto l)elonging  with  divers  Other  priviledges  prcheminencies 
profitts  &  lil>ertyes  by  sea  &  Land  as  by  the  said  Lres  Pat- 
tents  (amongst  Other  things  Conteyned  whereunto  due  Rein- 
con  ])eing  had)  more  at  Large  it  doth  &  may  ai)[)eare  Now 
know  yee  That  the  sd  Councill  for  the  ailaires  of  New  Eng- 
land in  America  as  well  for  &  in  Consideracon  that  Tiiomas 
Lewis  Geutl  hath  already  beene  at  the  Charge  to  transport 


Z  DOCUIVIEXTAEY    HISTORY 

himselfe  &  Others  to  take  a  view  of  Xew  EngUind  in  Amer- 
ica aforesd  for  the  bettering  of  his  Experience  in  the  advaunc- 
ing  of  a  Phmtacon  and  doth  now  wholly  intend  hy  Gods 
assistance  with  his  associates  to  Plaint  there  both  for  the 
Good  of  his  Majestyes  Realmes  &  Dominions  and  for  the 
propagacon  of  Xian  Religion  amongst  those  infidels  And  in 
consideracon  also  that  the  sd  Thomas  Lewis  together  with 
Capt  Richd  Bonython  and  also  with  their  associates  &  Com- 
pany have  undertaken  at  their  own  pper  Costs  &  Charges  to 
transport   fifty  persons    thither    within    seven    yeares    next 
Ensueing  to  Plaint  &  inhabite  there  to  the  advancement  of 
the  Generall  plantacon  of  that  Countrey  &  the  strength  and 
safety  thereof  amongst  the  natives  or  any  other  Invaders 
alsoe  for  the  Encouragement  of  the  sd  Thomas   Lewis  & 
Cap'  Richard  Bonython  &  other  their  associates  and  assignes 
And   other  good   Causes  &  Consideracons  the   s*^  Councill 
Thereunto  moving  Have  Given  Graunted  Enfeoffed  &  Con- 
firmed and  by  this  their  present  writeing  Do  fully  cleerly  & 
absolutly   Give    graunt   Enfeofte    &    Confirme    unto    the  s^ 
Thomas    Lewis    &    Cap'   Rich*^   Bonython    their    heires    & 
assignes  forever  All  that  pte  of  the  Mayne  Land  in  New 
England  in  America  aforesd  Comonly  called  or  knowne  by 
the  name  of  Swackadock  or  by  whatsoever  other  name  or 
names  the  same  is  or  shall  be  hereafter  called  or  knowne  by 
scituate  lying  and  being  Betweene  the  Cape  or  bay  comonly 
called  Cape  Elizabeth  and  the  Cape  or  bay  Comonly  called 
Cape   Porpus   Conteyneing  in    breadth    from    Xortheast  to 
southwest  along  by  the  sea  four  mjdes  in  a  straight  lyne 
accompting  seaventeene  hundred  &  threescore  yards  (accord- 
ing to  the  standard  of  England)  to  Every  m3de  and  Eight 
English  myles  upon  the  mayne  Land  on  the  north  side  of 
the  River  Swackadock  after  the  same  Rate  from   the  sea 
through    all    the    breadth    aforesaid    together   with    all    the 
shoares  Creecks  Bays  Harbours  and  Coasts  alongst  the  sea 
within    the   Limitts   Sz  bounds  aforesd  with  the  woods  & 


OF    THE    STATE    OF    MAIXE.  S 

Islands  next  adjoyning  to  the  s**  Lands  not  being  already 
graunted  by  the  s"^  Councill  unto  any  other  person  or  per- 
sons together  alsoe  with  all  the  Lands  Rivers  Mines  Miu- 
eralls  of  what  kinde  or  nature  soever  woods  Quarries 
Marshes  waters  Lakes  fEshings  huntings  hawkings  fowlinofs 
Comodityes  Emoluments  &  hereditaments  whatsoever  with 
all  &  singular  their  &  every  of  their  appurteiinces  in  or 
within  the  Limitts  or  bounds  aforesd  or  to  the  sd  Land 
lyeing  within  the  same  Limitts  or  bounds  belonging  or  in 
any  wise  appertaining  To  have  &  to  hold  all  &  singular  the 
sd  Lands  and  p''misses  with  all  &  singuler  the  woods 
Quarryes  marshes  waters  Rivers  lakes  fishings  fowlings 
hawkings  huntings  mynes  mineralls  of  what  kinde  or  name 
soever  Priviledge's  Rights  Jurisdiccons  Libertyes  Roj^altyes 
and  all  other  profitts  Coraoditye's  Emoluments  &  heredita- 
ments whatsoever  before  in  &  by  these  presents  given  & 
graunted  or  herein  meant  menconed  or  intended  to  be  hereby 
Given  or  Graunted  with  their  &  every  of  their  appurteiinces 
&  every  parte  &  parcell  thereof  (Except  Ijefore  Excepted) 
unto  the  sd  Thomas  Lewis  and  C  ip^  Richard  Bonython  their 
heires  associates  &  assignes  forever  to  the  only  pper  use  & 
behoofe  of  the  sd  Thomas  Lewis  &  Cap'  Rich''  Bonython  their 
heires  associates  &  Assignes  forever  Yeilding  &  Paying  unto 
Our  Sovereigne'  Lord  the  King  One  fifth  parte  of  Gold  & 
silver  Oarc  and  one  other  fifth  part  to  the  Councill  aforesd 
&  their  Successors  to  be  holdcn  of  the  sd  Councill  &  their 
Successors  by  the  Rent  hereafter  in  these  p''sents  reserved 
Yeilding  &  Paj^ing  there'fore  ye'arly  forever  unto  the  sard' 
Councill  their  Successors  &  Assignes  for  every  hundred 
Acres  of  tlie  s''  Land  in  use  twelve  pence  of  lawfull  money 
of  England  into  the  hands  of  the  Rent  Gatherer  (for  the 
tynie  being)  of  th(!  s'  ('ouucill  their  hi-ircs  or  Successors  for 
all  service  whatsoever  And  the  sd  Councill  for  the  atlairos 
of  Now  En^dand  in  America  aforesd  Do  by  these  presents 
nominate  Depute  authorize  appoint  &  in  their  place  &  stead 


4  DOCUIMENTARY   HISTORY 

putt  William  Blackstone  of  New  England  aforesd  Gierke 
William  Jeffryes  and  Edward  Hilton  of  the  same  Gentl  and 
Either  or  any  of  them  joyntly  or  severally  to  be  their  true' 
&  lawfull  Attorney  or  Attorneys  and  in  their  name  &  steade 
to  Enter  into  the  sd  parte  or  Porcon  of  Land  &  other  the 
p'misses  with  the  appurteiinces  by  these  presents  Given  & 
Graunted  or  into  some  parte  thereof  in  the  name  of  the 
wdiole  and  peaceable  and  quiet  possession  and  seizin  there'of 
for  them  to  take  and  the  same  so  had  &  taken  in  their  name 
&  stead  to  deliver  possession  &  seizin  thereof  unto  the  s*^ 
Thomas  Lewis  and  Cap*  Rich'^  Bonython  their  heires  associ- 
ates &  assignes  according  to  the  tenure  forme  &  effe'ct  of 
these  p^'sents  Ratifying  Confirming  &  allowing  all  &  whatso- 
ever the  sd  Attorney  &  Attorneys  or  either  of  them  shall  do 
in  or  about  the  p''misses  by  vertue  hereof  In  witnesse  whereof 
the  said  Councill  for  the  affaires  of  New  England  aforesd 
have  hereunto  caused  the'ir  Comon  seale  to  be  put  Given 
the  twelfth  day  of  feb'-y  Anno  Dom  1629  And  in  the  fifth 
yeare  of  the  Reigne  of  Our  Sovereigne  Lord  Charles  by  the 
Grace  of  God  King  of  E 
Defender  of  the  faith  &c  : 


Grace  of  God  King  of  England  Scotland  ff'rance  &  Ireland 


Ro  :  Warwick  Ed.  Gorges 


Endors'd 

June  28*''  1631 
Possession  Livery  and  seizin  had  &  delivere'd  by  the 
within  named  [Edward  Hilton,  Gent,  one]  of  the  Comicon- 
ers  appointed  by  the  Lords  of  the  Councill  for  the  affay[res 
of  New  England,  unto]  the  within  named  Lewis  Gentl  in  the 
p''sence  &  sight  of  [the  persons  under  named] 

T[ho:  Wiggin.] 

Ja[mes  Parker] 

H[enry  Watts] 

[George  Vahun] 


OF   THE    STATE    OF   MAINE.  5 

Depositions  of  George  Cleeue  and  others  concerning  Robert 
JVash. 

I  Georg  Cleue  do  affirme  that  [ou  or]  about  the  25"'  day 
of  the  third  month  last  45  that  3  of  Andrew  Algars  men  of 
strattons  Island  came  to  my  house  in  a  botte  to  l)orrow  Scales 
&  waits  to  way  there  fish  and  I  questioned  them  about  all 
that  shuting  which  trubled  all  the  people  in  seuerall  planta- 
tions and  they  tould  mee  that  m*"  nash  shot  them  &  giuen  them 
powdar  to  answere  him  againe  and  I  allso  demanded  of  them 
if  they  were  not  all  drunck  and  they  said  that  they  were  all 
merei.  and  fathar  I  affirme  that  I  went  &  m^  tucker  with  mee 
to  the  howse  of  John  Cussens  &  thomas  smyth  in  Cascoe  bay 
and  about  3  leages  from  my  howse  to  haue  tacken  there  teste- 
mony  Consarning  Nashes  slandring  yo'"  Jenerall  Court  but 
could  not  prevail  with  them  to  take  ther  oath  they  being 
refrecttorie  &  saith  that  nash  is  in  ther  debt,  but  Confessed 
verbalie  to  vs  as  they  had  formarlie  tould  m''  Holland  of 
Dorchestar  that  nash  said  that  the  Court  had  doon  great 
wrong  to  a  pore  woman  about  a  sowe  and  that  none  Could 
haue  Justice  from  you  but  such  as  were  membars  of  the 
Church,  and  tould  them  they  were  as  good  liuc  in  tvrkie  as 
Hue  vndar  such  a  goverment  and  tould  them  that  there  were 
19  wittnesses  sworne  against  m'"  Cane  y*  he  being  a  niembar 
Carried  the  mattar  against  the  poore  woman  and  other  words 
to  this  efecte  and  this  is  in  the  movthes  of  all  our  malignants 
it  being  reported  say  they  by  thouse  that  Hue  amongst  them 
and  therefore  is  vndoui)tedlie  trew. 

that  this  is  there  reports  and  as  they 
afirnie    from    nash    ni''    Holland    can 
speak  to  the  lick  purpose  .and  I  shall 
be  rcddie  to  afiirmc  vpon  oath 
who  am  yo'"  huml)le  Sarvant 

Georfr  Cleeve 


b  DOCU3IENTARY   HISTOEY 

Depositions. 

Severall  deposisions  taken  before  vs  Georg  Cleeve  &  rich- 
arcl  Tucker  both  of  Cascoe  in  the  pvinc  of  Ligonia  Consarning 
Robart  nash  his  miscarang  in  our  parts  in  the  third  month 
last  1645 

Henrie  Wattes  of  Black  pwent  Sworn  &  examined  saith 
about  the  20"'  of  may  last  being  the  last  voyaidg  that  Robart 
nash  of  Boston  made  into  our  parts  this  deponant  l)eing 
about  his  house  and  about  2  myles  from  Strattons  Hand  this 
depo*^  hard  severall  peces  shott  of  in  manar  of  a  fight  he  sup- 
poseth  about  an  hundre'd  peces  &  beinge  terifid  therewith 
as  well  as  his  ne'ighbours  with  what  Convenienne  he  might 
he  desire'd  to  know  the  mattar,  And  being  informed  from 
Strattons  Hand  that  nash  &  his  Company  and  the  fishermen 
of  the  said  Hand  had  shot  them  there  to  home  nash  had 
giueu  powder  for  that  pvrpose  to  answer  him  and  his  Com- 
pany out  of  his  vessell  and  that  they  were  shot  of  at  the 
drinking  of  there  healths  and  that  they  did  take  powdr  out 
of  Nash  his  barell  Ijy  handfuls  without  othar  mesure  & 
vowed  to  haue  the  last  shot  of  the  Ilandars  to  home  he  had 
allso  giuen  pouder  without  wait  in  so  much  that  they  shot 
so  loung  that  the're  peces  were  so  hott  that  they  Could  hould 
them  no  longer  in  their  hands  &,  farther  deposeth  that  John 
Parkar  of  Dammarills  Cove  affermath  that  Robart  nash  being 
with  him  gaue  &  sould  so  nivch  Sack  to  his  men  that  nash 
himselfe  and  parkars  me'n  we'are  all  so  drunke  for  seuarall 
dais  togethar  that  his  men  Could  not  goe  to  Sea  in  the  prime 
tyme  of  fishing  whereby  the  said  parkar  &  his  Company  lost 
40  or  50  pownds  by  the  misdemenvrs  of  the  said  nash. 

taken  the  last  of  June  1645. 

George  Dearing  of  Blake  pwent  sowrne  &,  examine'd  saith 
that  at  the  same  tyme  he  heerd  many  peces  shot  about  Strat- 
tons Hand  and  vpon  farthar  Inquire  he  vndarstode  that  it 
was  a  drunken  bout  betweeue  nash  and  the  Ilandrs  which 


or    THE    STATE    OF    MAINE.  7 

putt  him  and  his  wyfe  and  neighbours  into  such  a  fright  that 
the}'  all  thought  that  the  freuch  or  othar  enimyes  had  bin 
at  hand 

taken  the  day  aboue  said.  , 

John  Smith  of  Sacoe  Sworne  &  examined  saith  that  the 
same  tyme  he  hard  the  peces  shot  of  so  thick  that  he  and 
the  rest  of  the  people  there  Judge'd  y*  to  be  a  fight  betwene 
the'  french  or  that  m^'  Winters  had  bin  taken  at  richmans 
Hand  and  this  deponant  saith  he  Counted  70  peces  shot 
and  then  left  Counting  and  that  vpon  repaire  to  enquire  the 
Cause  he  found  that  nash  and  his  Company  had  shot  them  at 
strattons  Hand  and  that  he  allso  gaue  the  Ilandars  powder 
to  auswere  him  from  the  Hand  &  that  nash  vowed  to  haue 
the  last  shot  and  that  lie  hard  that  they  weare  all  drunck. 

tackeu  the  day  aboue  said. 

]Michell  Mitton  of  Casco  Sworne  and  examined  saith  that 
about  the  20  of  ]\Iay  last  he  hard  seuarall  peces  shot  of 
which  he  supposed  had  bin  a  fight  betwene  the  french  or 
that  Richmans  Hand  m'  Wintars  plantal  had  l)in  taken  and 
being  Terrified  therewith  could  not  rest  till  he  went  to  rich- 
mans Hand  to  know  the  matter  &  there  vnderstanding  that 
Robart  nash  of  Boston  shot  them  and  gaue  powdar  for  that 
purpose  to  shout  at  the  drinckings  of  healths  and  farthar 
saith  that  he  hard  40  peces  at  lest  Cascoe  being  no  les  then 
3  leags  of  strattons  Hand. 

All  the's  sevarall  dcposissions  weare 
tacken  before  vs  the  last  day  of 
June  and   the  first  of  Julie  1G45 

Georg  Cleeve 
before  vs 

Richard:   iucker. 

Georg  Lewis  of  Casco  some  and  cxiuiiim'd  saith  that 
Robart  Nash  of  Boston  sayd  in  his  hercinge  to  llio  :   W'yse 


O  DOCUIVIENTARY   HISTORY 

who  reproved  the  said  nash  for  shutting  so  many  peces  at 
strattons  Hand  that  he  would  haue  shott  so  manie  more  in 
Cascoe  bay  at  his  Comming  in  there  if  he  had  had  so  mveh 
puddar  left  and  this  deponant  hard  nash  say  at  his  returne 
from  the  Easte  the  same  voyage  which  was  the  first  of  June 
last.  These  words  were  heard  from  him  vpon  the  Sabbath 
day  at  his  returne  from  meeting 

Tackn  be'fore  me  Georg  Cleeve 

Julie  2  :  1645  Richard  Tucker 


Petition  of  George  Cleeve  July  3.  1645. 

To  the  honered  Governer  and  Depitie  Governer  &  Court 
of  assistants  of  the  massechusets  Collenie  thes 


Honered  Sirs  may  it  plese  you  I  haue  latlie  Receued  from 
m'"  Rigbie  lettars  of  derection  &  advice  to  pcede  in  the  Gov- 
erment  of  his  pvince  of  ligonia :  And  becase  we  ar  opposed 
by  m''  Vins  &  othare  his  Confederats  that  we  Could  not 
psede'  according  to  our  instructions  and  being  daylie  threttned 
&  ar  still  in  dangar  of  our  liues  &  allso  to  haue  our  estats 
seazed  on  by  them  for  not  Submitting  to  a  pretended  Athor- 
itie  to  them  giuen  by  sir  farthinando  Gorges  without  any 
lawfull  Comishion  &  therevpon  we  ar  in  danger  to  be  Rvened 
&  vudon  vnles  the  lord  do  move  yo''  harts  to  ptect  vs  with 
yo""  assistance. 

I  do  not  hereby  psume  to  derect  you  but  humbly  Craue 
leeve  to  shew  myne  opinnion  which  is  that  if  you  will  be 
plesed  to  writ  but  yo'  Jenerall  lettar  to  our  oposits  to  deter 
them  from  there  illeagall  psedings  and  a  lettar  to  our  people 
of  leo-onia  to  advice  &  incoridg  them  that  notwithstanding 
m'"  Vines  &  the  rest  do  oppose  that  they  may  &  ought  to 
adheare  to  m'"  Rigbis  lawfull  Athoritie,  I  hope  you  shall  not 
nede  to  put  yo'"  selues   to  any  farthar  truble  to  finish  the 


OF    THE    STATE    OF   MAINE.  9 

worke,  and  in  so  doing  3'^ou  will  mcb  obblidg  m'  Rigbie  vnto 
you  all  who  would  doupless  haue  sent  ovar  othar  ordar  at 
this  tyme  if  bee'  had  knowne  the  Injvris  offered  him  and  vs- 
Thes  lettars  now  Com  ar  An  Answere  of  my  lettars  sent  to 
him  vpon  my  first  arivall,  &  not  of  the  last  the  of 

the  Comishion  as  you  may  se  by  the  date  of  them,  I  here- 
withall  send  3'ou  m""  Rigbis  lettar  of  Requst  to  you  &  allso 
a  lettar  of  his  to  mee  whereby  you  may  see  how  the  parlia- 
ment aproveth  of  his  psediu  and  that  we  may  expect  farthar 
ordars  forthwith,  and  in  the  Intrim  we  do  most  humbly 
besech  you  to  afford  vs  such  spedie  assistance  as  the  nesses- 
itie  of  our  jisent  Coudishion  Requireth  and  we  shall  for 
euar  pettishiou  the  throne  of  grace'  for  you  all  and  rest 
yo'  humble  Sarvants 

month    day 

Cascoe  this  5       3 
1645 

Georg  Cleeve  for  &  in 
behalfe  of  the  people 
of  Ligonia 


we  haue  lieere  sent  you  sevarall  depossions  takne  before  vs 
Consarning  Robart  [Nash]  of  Boston  m'"T[ucker]  l)einge  an 
assistant  Athorised  by  m''  Rigbis  Comishion  vndc'r  his  hand 
&  sealle  vntill  the  Jenarall  Court  shall  elcckt  there  magis- 


trats  and  assisters. 


Dee  J    JSTic.  Shaphuih  to  Wm  Bartley  June  26.  10  IS. 

To  all  (Jlirislian  people  vnlo  wliome  th(,'sc  p'lits  .shall  come 
Nic :  Shapleigh,  Merchant  now  Resident  in  ik^w  England 
sendeth  greeting  in  o""  Lord  god  everlasting :   Know  ycc  (hat 


10  DOCmiEXTAKY    HISTORY 

I  the  s*^  Nicholas  Shapleigh  for  an  in  Condsideration  of  on 
thousand  five  hundred  pounds  lawfull  mony  of  England  to  me 
in  hand  paid  by  William  Bartley  of  great  Saint  Ellens  in 
London  Esquire  whereof  I  the  said  Nic  :  Shapleigh  doe  ac- 
knowleidg  the  receipt  and  thereof  doe  acquit  and  discharg  the 
said  William  Bartley  as  alsoe  for  diuers  othe'r  good  cawses  and 
valluabl  Conseiderations  me  the  said  Nich  :  Shapleigh  heare 
vnto  moueing  haue  graunted  Barganed  sould  assingned  and 
set  ouer  and  by  these  presents  doe  fully  freely  and  absolutely 
graunt  Bargane  sell  assinge  and  set  ouer:  to  the  afforsaid 
William  Bartley :  all  my  lands  bowsing  goods  fish  fishing 
Craft  boats  and  all  other  things  to  the  fishing  trade  belong- 
ing or  any  waise  appertaing  there  vnto:  together  with  all 
my  hole  estat  be  it  reaall  or  personall  which  I  now  haue  orr 
shall  haue  ore  ough  to  haue  in  new  England  in  america  :  To 
haue  and  to  hould  all  and  singlure  the  aflbresaid  primises 
and  euery  part  and  percel  thereof  with  appertinances  to  the 
s*^  William  Bartley  his  heirs  and  assigns  for  euer  &  that  the 
sd  William  his  heires  &  assingnes  shall  for  euer  he'are  after 
shall  peasably  and  quiatly  haue  hould  &  inioy  the  aflbrsaid 
primises  with  appertaneuc^  &  euery  part  &  percell  thereof 
w'^'out  the  le't  trouble  &  deniall  Euetion  ore  exspultion  of  me 
the  said  Nicholas  Shapleig  ore  of  any  othere  person  ore  per- 
sons whatsoeuer  lawfully  Gleaming  the  same  or  any  p*  or 
percell  thereof  from  by  ore  vnder  me  the  said  Nic  Shap- 
leigh in  witnesse  wereof  I  haue  heare  vnto  sett  to  my 
hand  &  scale  the  26*'^  of  June  1648 
Sealed  &  deliuered  in  the  Ni8  Shapleigh 

p^'uts  of  vs 

Antipas  Mauereick 

Humphry  Chadbroun 

This  is  a  true  Coppie  of  the  originall 
taken  by  me  Basill  Parker  Record 


OF    THE    STATE    OF    MAINE. 


11 


Kittery  to  be  re'ceived  under  the  Govemme'nt  of  Massachu- 
setts if,  Sc.  Oct.  31.  1651. 

"Whereas  hj  the  extent  of  the  Lyne  of  o''  pattent  it  doth 
appear  that  the  Towne  of  Kettery  &  many  myles  to  the  nor- 
ward  thereof  is  comprehended  w"'  in  o'"  graunt,  &  forasmuch 
as  this  Court  hath  been  informed  that  there  hath  bene  a 
late  indeav''  of  seulall  psons  thereabouts  to  drawe  the  Inhab- 
it'^ of  Kettery  &c  whoe  governe  now  by  comlMnacon  to 
peticon  the  parlam*  of  Enghmd  for  a  graunt  of  the  sd  place, 
w'^^  the  maior  pte  of  the  Inhabit''  refused  to  doe,  many  of 
them  expressing  their  wilhies  rather  to  submitt  themselues 
to  the  goGl  of  the  massachus*' 

This  Court  takeing  into  consideracon  the  premisses 
togeath""  w'*"  y°  comodiousnes  of  the  RyV  of  Pask :  &  how 
j^inditiall  it  wouhl  l)e  to  this  goQni*  if  the  aforesd  phice  & 
Ryver  shoukl  be'  possessed  by  such  as  are  not  ffriends  vnto 
vs  hath  ordered  that  a  Loveing  &  flriendly,  tre  be  sent  from 
this  Court  to  the  sd  Inhabit''  of  Kettery  &c.  acquaynting 
them  w"'  o""  aforesd  right  &c  &  Commission  graunted  to  A. 
B.  C.  I).  &c  to  treate  w"'  them  &  according  to  instruccons 
gyven  to  receaue  them  vnder  this  goOlm'  if  tearmes  of 
agreem'  caii  be  concluded  vpon  by  mutuall  consent,  other- 
wise haueing  made  knowne  o""  right  &  1yd  clayme  to  the 
place,  to  ptest  agst  any  fartli''  pceeding  by  virtue  of  their 
combinacon  or  any  otli'  interest  whatsocuer/. 

M""  Bradstreete   major   Dennison.  &  Cap'  Ilauthorne  arc 
Commission^      Voted  by  the  whole  Courte 
31  :  8  1651 
"^     E  R.  s. 

Voted.  AT  Bellingham  t^  ni'  Sinionds  to  draw  \[)  the 
letter  and  Jnstruccons  accordingly  31.  8  !(!.")  1. 

■no 

by  y"  whole  Court    IC   li :   S  : 


12  DOCUMENTARY   HISTORY 

Grant  to  Thomas  Broughton. 

Sept.  the  18.  1651. 
By  the  toune  of  Keitere'y  granted  vnto  m^  Thomas 
Broughton  a  sertaine  trackte  of  land  ajoyneinge  vnto  the 
falls  att  quamphegon  as  followeth  bounded  on  the  South  side 
with  a  little  fresh  runet  of  watter  &  marke'd  trees  att  the 
head  of  the  same  runett  of  watter  Humphrey  Chadburne 
bounds  Joyne'ing  vnto  it  South  bounded  on  the  north  side 
with  a  fresh  creake  next  vnto  the  samon  falls  &  soe  back- 
warde  by  the  same  bounds  m"^  Richard  Leaders  line  goeth  in 
to  the  woods. 

per  me  Humphrey  Chadburne 
tounes  man  &  recorder  for 
the  toune  of  Keterey 


That  whear  as  ther  is  a  sertaine  parsell  of  land  &  fall  of 
watter  lieinge  at  newichewauicke  &  within  the  toune  shipe 
of  Keiterey  &  called  by  the  name'  of  Quamphegon  &  which 
was  Improued  by  an  Indian  named  Sagamore  m'  Routes  & 
sould  by  him  vnto  Thomas  Spencer  liueing  att  Newitchewa- 
nicke  &  the  said  Thomas  Spencer  sould  the  same  parsell  of 
land  &  halfe  that  fall  of  watter  vnto  m""  Thomas  Broughton 
which  purchase  of  m'  Broughton  &  the  sale  made  by  Thomas 
Spencer  is  aproued  of  to  be  legall  by  the  whole  toune  of 
Keiterey  att  a  toune  meetinge  there  &  then  holdeu  the  18 
day  of  Sept  1651 

per  me  Humphrey  Chadburne 
tounsman  &  recorder  for 
the  toune  of  Keiterey 


OF   THE    STATE    OF   MAINE.  13 

The  Humble  Petition  of  Thomas  Broughtou  to  the  honored 
Generall  Court  now  sitting  at  Boston  October  31.  1651 
Sheweth  that  whereas  it  hath  pleased  tliis  honored  Court 
to  grant  unto  M''  Broadstreete  and  Captaine  Wiggin  upon 
theire  petition  a  parcell  of  lands  lying  on  the  other  side  of 
nitchawannock  greate  river  I  thought  it  my  dutie  to  advise 
this  honoured  Court  that  the  land  granted  is  the  purchase  at 
a  greate  rate  and  proprietie  of  your  petitioner  for  want  of 
information  in  which  thing  this  honoured  Court  hath  granted 
that  which  may  tend  to  the  greate  dainage  of  your  petitioner 
wherefore  your  petitioner  humbly  requests  that  the  evidence 
of  this  my  right  may  giue  occation  to  this  honoured  Court 
to  put  a  period  to  any  proceedings  on  that  grant  to  the 
aboue  said  petitioners  soe  shall  your  p''sent  petioner  be 
Oblidged  to  remaine 

Your  humble  servant 

to  be  Coinanded 

Thomas  Broughton 

The  Magistrates  Desire  to  know  now  the  mynde  of  o'' 
brethren  the  Deputies  what  they  think  meete  to  be  Done 
concerning  this  Petition 

Edward  Rawson  Secret 

Voted  that  this  peticon  is  Referred  to  be  heard  and  Deter- 
mined at  the  nex*  Courte  of  Eleccon  :  Ed  :  Rawson  Secret  : 
31:  8  1651: 


The  comitee  se  cause  to  refer  the  piticion  :  to  Doner : 
where  we  coucc''  he  is  to  rcc"  that  sattisfactionc  that  belongs 
to  hime  :  in  answer  thereto  : 

Simon  WiUard  in  the  name  of  the  Rest. 


14  DOCUMENTARY   HISTORY 

Protest  of  Com7nissioners  of  Massachusetts  July  9.  1652. 

In  the  Townesliippe  of  Kittery  in  the  Province  of  Maine 
against  the  great  Harbo"^ 

Whereas  wee  Wittm  Hawthorne  John  Leveret  and  Henry 
Barthohnew  appointed  Coinissioners  as  may  appeare  by 
Order  from  the  Generall  Court  of  the  Massachusetts  beare- 
ing  date  the  11"'  day  of  June  1(352  to  repaire  to  and  treat 
with  the  gentlemen  of  the  Eastward  in  the  Province  of 
Maine  according  to  which  order  &  Comission  wee  the 
aboue  named  haue  repaired  to,  and  had  some  conference 
witli  M'  Edward  Godfrey  Nicholas  Shapley  Richard  Leader 
Thomas  Withers  and  Edward  Rish worth  who  declared  them- 
selues  to  be  the  psons  in  present  power  for  the  Ordering  and 
manageing  whatsoeuer  might  ])ee  of  coneernem'  to  the  people 
of  the  said  Province  though  the  said  psons  produced  noe 
Comission  there vnto,  either  one  or  other  Wee  therefore  the 
aboue  named  Wittm  Hawthorne  John  Leueret  and  Henry 
Bartholemew  doe  hereby  declare  vnto  the  Inhal)itants  of  the 
said  Province  of  Maine  and  to  all  people  whome  theis  may 
Concerne  that  there  doth  not  appeare  to  vs  any  power  or 
right  of  power  that  the  said  Edward  Godfry  Richard  Leader 
&c  hath  of  Regiment  in  the  said  Province  but  that  the  said 
Province  and  all  the  tract  of  Land  within  the  same  doth  lye 
within  the  Lymitts  of  the  Pattent  of  the  Massachusetts  and 
soe  by  graunt  and  Charter  vnder  the  broad  Scale  of  England 
to  be  vnder  the  Juresdiccofil  thereof,  further  wee  doe  declare 
in  the  name  &  on  the  behalf  of  the  Juresdictlon  of  the  Mas- 
sachusets  that  all  the  inhabitants  within  the  said  Province 
that  shall  submitt  there  vnto  shall  freely  &  quietly  possesse 
and  enioy  all  their  landes  goods  &  chattells  appe'rtayning  to 
or  possessed  by  any  or  elily  of  them  haue  Right  &  shall 
equally  share  in  all  acts  of  favor  &  Justice  w'^''  by  vertue  of 
Gouerne'ment  any  other  the  Inhabitants  within  the  said 
Juresdiction  doe  or  may  expect  to  enioy  vpon  the  p''misses 
recited  we  the  said  Commissioners  of  the  Generall  Court  of 


OF    THE    STATE    OF    MAINE.  15 

the'  Massachusetts  doe  declare  and  protest  against  any  pson 
or  psons  within  the  said  Province  their  exercize  of  Juresdic- 
tion  ouer  the  Inhabitants  within  the  same  or  any  pt  thereof 
after  the  Tenth  day  of  October  next  ensueing  the  date  hereof 
without  Order  from  the  Generall  Court  or  Councell  of  the 
Massachusetts  In  witnes  Whereof  Wee  haue  herevnto  put 
to  our  handes  this  9'"  day  of  July  1G52./ 

W™  Hauthorne 
Jn°  Leuerett 
Henry  Bartholmew. 


Ansicer  to  Protest, 

pischataqua  :  July  :   9  :  52/ 
province  of 

Where  as  we  Edward  Godfrey,  Gouernor,  Richard  Leader, 
Nicholas  Shapleigh,  Thomas  Withers,  and  Edward  Rish- 
worth,  sworne  Magestrates  unto  y*"  prouince  of  Mayne,  haue 
receaued  a  paper  in  nature  of  a  protest  from  Captajne  Wil- 
liam Hawthorne  Ca[)taj  John  Leverett,  &  Hen  :  Bartholmew, 
intimating  to  us  y'  we  shewed  no  Commission  to  one  or 
other :  To  which  we  answere.  If  either  they  or  thejre  princi- 
ples did  or  had  showed  any  Commission  or  })ouer  of  Comand 
from  the  parlament  of  England,  or  Couscll  of  state  we  would 
haue  giuen  an  account :  And  for  thejre  words  of  declaration 
to  y"  inha))itants  of  the  prouince  in  generall,  &  all  people  y* 
our  poucr  to  them  apperes  not,  &  we  haue'  no  pouer  of 
Rcgement,  &  y'  the  tract  of  Land  of  all  this  prouince  of 
jNliiyne  is  with  in  the  Lymitts  of  the  Massatusetts  :  Yet  it 
d(;th  &,  shall  appc're  y'  whearc  y**  bounds  we're  sett  many 
ycarcs  past,  both  befon;  &  since,  many  nattcnls  granted  Cor 
y"  pro[)agating  the  Countrey,  &  35  thousand  pounds  s[)ont 
in  it ;  A  lawfuU  jurisdiction  hath  l)eene  exercised  l)y  some 
of  us  20  yeares,  acknowledged  &,  owned  by  you  of  the  Mas- 


16  DOCUMENTAEY   HISTORY 

satusetts  :  &  approued  &  justifyd  in  England ;  &  w^'as  now 
these  Gentlemen  do  Come  with  a  declaration  minitory  in  the 
name  &  behalf  of  the  Jurisdiction  of  the  massatusetts,  That 
the  inhabitants  y'  shall  submit  unto  them  shall  freely  & 
quiettly  enioy  &  possesse  all  y""  Lands,  goods  &  chatties  with 
equal  I  fauo^'s  in  acts  of  Gouerment :  These  proposalls  are  not 
meete  in  our  Judgments,  the  place,  tyme,  &  p'"sons  Consid- 
ered tends  to  discord,  we  patiently  beare  them,  &  submit  to 
be  iudged  by  those,  whome  we  acknowledge  to  be  our 
supreame  Judges. 

For  y*""  protest  against  exercise  of  Jurisdiction,  we  intend 
&  resolue  to  proceed  till  lawfuU  pouer  CoiSand  otherwise  : 
In  testimony  w""  of,  we  do  hereunto  subscribe,  at  y''  day 
aboue  written/ 

Edw  Godfrey  Gou) 

Eich  :  Leader 
Nic :  Shapleigh 
Tho  Withers 
Ed  :  Rishworth 

Letter  Edward  Godfrey  to  \_Edioard  Raiv']son,  Secretary  to 
the  General  Court  of  Massachusetts,  July  9.  1652. 

Sir 

I  receaued  a  letter  bearing  date  12  :  d  :  M  :  4  :  52)  signed 
by  your  selfe  w""  in  we  pceaue  you  are  owned  by  the  state 
of  England,  vnder  the  Couert  of  whose  wings  our  safety 
doth  cheefely  de'pend  :  For  your  information  of  the  Grand 
pattent  of  plymouth  sued  to  a  quo  warranto  :  It  uoe  way 
toucheth  us  :  the  fall  of  other  pattents  y''  by,  is  onely  but 
your  Conjecture,  seeing  y'  an  act  of  parlament  about  28  : 
Nove'b :  48)  doth  seeme  to  euince  the  Contrary:  For 
our  perusall  of  your  pattent,  &  line  :  We  apprehend  y*" 
bounds  yrof  were  sett  more  than  20  years  last  past,  at  the 


OF   THE    STATE    OF   MAINE.  17 

sea  side,  and  soe  vp  into  the  Countrey  from  sea  to  sea  3 
miles  on  this  side  Meremacke,  as  all  other  pattents  were, 
which  are  not  lesse  th[an]  tenn  in  Number  y'  we  j3ceaue  by 
the  extention  of  your  nthn  Line,  you  do  now  endeauour 
to-ingraspe:  For  subduing  &  clere  Land:  A  possession  is 
good  (true  but  what  tract  immunitys  &  priuileg  we  have 
(is  doubtful!  if  we  part  with,  them  we  shall  be  stray tened 
As  for  soe  many  yeares  past  you  did  not  prohibite  any  for 
sett  [ling]  or  procuring  pattents  :  For  our  Committing  either 
a  trespasse  vpon  you  or  unaduisadly  to  gather  a  Cracked 
title  to  our  improuements  &  possessiones,  I  hope  must  be 
as  in  your  letter  long  since  you  Counselled  us,  left  to  those 
whome  it  Concernes  to  determine  :  If  this  21  yeares  you 
haue  beene  Contente'd  y'  we  should  gouerne  by  uertue  of  a 
pattent  with  distinct  acknowledgment  of  our  lawfull  au- 
thority, &  haue  keept  good  Corresponden[cy]  with  us  :  We 
much  maruell,  how  you  should  now  be  discontented 
which  we  neither  haue,  nor  we  hope  shall  giue  you  any  iust 
occasion  For  resisting  any  pattent,  or  encroaching  vpon  yo"" 
jurisdiction  we  utterly  disowne  :  For  submitting  anie  pat- 
tent to  you,  if  you  haue  right  yrto  it  needed  not :  ffor  a  Con- 
siderable party  of  the  people  we  know  of  none  (two  onely 
excepted)  whose  ill  deportments  haue  been  such,  as  the 
hand  of  justice  hath  borne  witnesse  aganst,  as  well  amongst 
your  selues  as  us  :  &  were  the  Number  of  such  psons  more 
Considerabl  it  were  little  Honour  for  you  to  proceed  vpon 
such  an  account :  For  y""  pretended  Jurisdiction  ouer  our 
psones  &  lands  not  appropriated  as  you  say  :  They  are  appro- 
priated to  us,  &  nmst  not  soe  easily  be  parted  with  :  For 
shayring  of  your  fauo"  to  us  (by  your  fauours  Gentlemen) 
we'  are  loath  to  i)art  with  o""  pretious  lybertys  for  unknown 
&  uncerten  favours  :  For  Ilarkcning  to  subnn'tt  to  you,  & 
your  protest  aganst  us  for  any  further  proccdings  cither  by 
pattent  or  Combination  :  We  rcsoluc  to  exercise  oui-  just 
jurisdiction,  till  it  shall  please  the  parlament  of  the  Common 
2 


18  DOCUMENTARY   HISTORY 

wealth  of  England  otherwise  to  order,  vnder  whose  pouer  & 
prote'ction  we  are  :  For  your  streight  line  from  the  East  sea 
to  the  west  sea  :  I  maruell  you  goe  from  your  bounds  to  the 
Inland  :  For  artists  to  measure  your  extent,  in  occasion,  if 
necessity  require  us,  we  shall  understand  a  little  Geogrify 
or  Cosmogrifie  :  For  peace  &  eequity,  we  haue  euer  aymed 
at,  &  still  continewed,  &  will  to  y^  uttmost  of  our  pouers 
endeauor  the  glory  of  god,  peace,  &  good  of  the  Countre'y 
in  generall/ 

Thus  I  rest 

Y«  Lo.  flfreind 

Edward  Godfrey  Gou^ 
Pischa  ;  prouince  of  Mayne 
July:  9:  1652) 

Latitude  of  the  JSForthermost  part  of  Merrimack  River  Oct. 
19.  1652. 

The  Answer  of  John  Sherman  serj^  at  Watertowne  and 
Jonathan  Ince  Student  at  Harvard  Colledge  in  Cambridge 
to  Captaine  Symon  Willard  and  Cap*  Edward  Johnson  Com- 
missioners for  the  Generall  Court  held  at  Boston  May  27 
1652  concerning  the'  Latitude  of  the  Northermost  pt  of 
Merimack  Riuer. 

Whereas  we  John  Sherman  &  Jonathan  Ince  were  pro- 
cured by  the  aforesaid  Commissioners  to  take  the  Latitude 
of  the  place  aboue  named  Our  Answer  is  that  at  Aquedahtan 
the  name  of  the  head  of  Merrimacke  where  it  issues  out  of 
the  lake  calle'd  Winnapusseakit  vpon  the  first  of  August 
One  thousand  six  hundred  fifty  two  we  obserued  and  by 
obseruacofil  round  that  the  Latitude  of  the  place  was  forty 
three  degrees  fourty  minutes  and  twelve  seconds  besides 
those  minuits  which  are  to  be  allowed  for  the  three  miles 


OF   THE    STATE    OF   MAINE.  19 

more  North  which  Rune  into  the  Lake  In  witnes  whereof 
wee  haue  subscribed  our  names  this  19*"^  October  1652 
John  Sherman  Jonathan  Ince 

Jur  coram  me  Joh  Endecott  Gone 


Civil  Government  to  be  settled  at  Kittery,  &c  Oct.  23.  1652. 
Contradiceutes         To  o""  trusty  &  welbeloued  ffriends  A.  B. 
Tho  Clarke  C.  D.  &c.  Whereas  y"  are  chosen  Corn- 

Rich  Walda'^in  ission"  by  this  Court  to  settle  the  cyvill 

Jer  Houchin  goRm*  amongst  the  Jnhabitants  of  Kit- 

Tho  Davies  tery  the  He  of  Shooles  Aggamenticus, 

&  soe  to  the  most  northerly  extent  of 
o""  pattent.  Y"  are  hereby  authorized  &  required  w'^  all  cou- 
veuient  Speede  to  repaire  to  those  pts  &  there,  by  sumons 
to  assemble  the  Inhabitants  togeather  in  some  place  w*^*^  y" 
shall  judge  most  convenient,  &  to  declare  vnto  them  o*"  just 
right  «fe  Jurisdiccofil  ouer  those  tracts  of  Land,  where  they 
inhabitt  reijuiring  their  subieccofil  there  vnto.  Assuring  them 
they  shall  enioy  equall  gteccofil  &  p''viledges  w"'  o''  seines 
Ifurther  wee  doe  hereby  giuc  &  graunt  vnto  y" 

full  power  &  authoryty  to  sumon  &  keepe  a  Court 
or  Courts  there  to  heare  &  dete'rmine  all  causes  civill  & 
criminall  according  to  the  power  &  aucthoritie  of  o""  Countie 
Courts,  to  nominate  &  appoynct  Comission"  administer 
oathes  to  them  &  inve'st  them  w'"  such  power  as  y''selues 
oi-  the  Maior  pte  of  y"  shall  judge  meete :  as  also  to 
api)oynct  &  sweare  Constables  &  such  other  officers  as 
y"  shall'  judge  necdfuU  for  the  p'servacofil  of  the  peace, 
to  conHrme  &  settle  ppryeties,  to  graunt  previledges  & 
iinmunityes,  &  to  se'ttle  the  GoGlm^  there.  &  flurther  to 
doe  &  act  in  the  p'^misses  or  any  thing  of  like  nature,  for  the 
ends  aforesd  (till  this  Court  shall  take  furtli""  order  therein). 


20  DOCUMENTARY   HISTORY 

as  in  y""  wisedome's  &  discrecofil  y"  shall  judge  most  to  con- 
duce to  the  glory  of  god,  the  peace  &  welfaire  of  the  people 
there,  &  the  mainetenance  of  o"^  owne  just  rights  &  interest. 
And  wee  doe  hereby  will  &  re'quire  all  magistrates  Comis- 
sion'"s  Cap?  &  all  othe'r  officers  cyvill  &  millitary  w*''in  the 
County  or  Norfolke  &  all  Inhabitants  of  the  He  of  Shoole's, 
&  beyond  the  Ryver  of  Paskataq  w^'^in  the  Lymitts  of  o""  pat- 
tent  to  be  aydeing  &  assisting  to  theis  o''  Comission''s  as  they 
shall  see  cause  to  craue  or  require  and  in  confirmacofil  hereof 
wee  haue  caused  the  Seale  of  o'  Colony  to  be  herevnto 
affixed  this  23  day  of  Octob''  1652. 

Voted  by  the  whole  Court  Edward  Rawson  Secret :/ 

Some  lines  of  y^  Patten*  Cap*  Hawth  Ri :  Bellingham 

Comission'^  protest  Simon  Bradstreete/ 

Courts  letter  m''  Godfry*  letters  Daniel  Denison 

the  act  of  such  as  lately  laid  W™  Hathorne 

downe  y®  lyne  S''  Inch  &c  Jn°  Leverett 


Notice  from  the  Gommissioners  of  Massachusetts,  JVbv.  13, 
1652. 

Gentlemen  &  frends 

Whereas  we  are  chosen  &  appoynted  by  y®  gefilall  Court 
holden  at  Boston  in  ootob  last  to  settle  the  civell  government 
amongst  the  Inhabitants  of  Kittery  the  He  of  Sholes  Agga- 
menticus  (them  soe  called  &  now  named  York)  &  soe  on  to 
the  most  northerly  extent  of  the  Patent  of  y®  Massachusetts 
in  order  wherevnto  we  have  addressed  our  selves  to  the  two 
Townes  before  mentioned  And  although  at  our  Comeing  we 
found  that  they  were  full  of  questions  &  objeccons  against  our 


OF   THE    STATE    OF   MAINE.  21 

right  Yet  through  the  goodness  of  god  vpon  full  debatements 
&  our  interest  clearly  vnderstood  as  alsoe  the  Scope'  &  end  in 
this  busines  namely  to  advance  the  glory  of  god  &  the  mutuall 
strengthening  of  the  English  against  any  eneniiss  that  may 
else  more  easily  make  a  pray  of  vs)  The  said  Towne's  have 
w*''  free  &  full  consent  acknowledged  their  subieccofil  to  the 
governm*  of  y^  Massachucetts  aforesaid  Now  gentlemen  these 
are  to  signifie  vnto  you  the  Comissiofils  doe  intend  to  repaire 
to  your  parts  in  the  Spring  tyme  for  the  ends  aforesaid  not 
Doubting  but  you  will  soe  seriously  consider  of  y°  matter  & 
be  p'pared  in  the  meane  tyme  that  the  said  Comissiofils  vpon 
conference  with  you  shall  finde  acceptable,  &  ready  compli- 
ance therein  according  to  their  iust  demand  &  interest  You 
may  alsoe  vnderstand  that  it  is  not  the  intent  of  the  Court 
nor  of  their  Commissiofils  to  take  away  any  mans  gpriety  but 
rather  to  confirme  the  same,  as  alsoe  to  grant  what  imunities 
&  priviledges  shall  appeare  to  be'  meet.  Thus  comending 
you  to  the  guidance'  &  gteccofil  of  y^  almighty  we  take  our 
leave  &  rest 

Yorke  13"^  of  Novemb  1652./         Yo--  loving  frends 

Simon  Bradstreete 
this  is  a  true  ^  Samuel  Symons 
coppy./      5   Tho  :  Wiggin 

Bryan  Pendleton 


22 


DOCUMENTARY   HISTORY 


We  whose  names  are  vnder  written  do  acknowledg 
our  selves  subject  to  the  government  of  the  Mas- 
sachucetts  Bay  in  New  England./ 


w  c 

William  Chatburne 
Huo'h  ffunison 


AT 


the  mark    j\h^      of  A 

Ta  Nicholas  fFrost 
Humphrey  Charburne 

Abraham 


41  Cunly 

Thomas    — ^    Spencer 
Anthony  /"s^  Emery 
Reginald    \/    Jenkins./ 

John     /^  White 


Thomas 


:j 


Jones 


Dennys     j)   Downing 


Thomas 


M  Purston 


Tho  Withers 
John  Wincoll 
John  Liman 
Charles  ffrost 
Richard  O  Nason 
Robert  ^^  waymouth 

Jhon  Greene 
hujbrecht  Matton 
Gowen  Willson 
Willi  Pallmer 
mary  <^)  bachiller 

Sheires 


X^ 


s 
o 

1-5 


Jeremiah 


John 


1 


A 


Aandrews 


Robert 


Daniell  Paull 
Nic  Shapleigh 
John  Hord 
Daniell  Davies 
The  marke  of 


M 


Mendum 


r 


Ryse     T      Thomas ; 

John  Diamunt 
Thomas  Spynny 


OF   THE    STATE    OF   MAINE.  23 

Return  of  the  Massachusetts  Commissioners. 

The  Returne  of  the  Comissiofls  who  vpon  the  Comissioii 
bearing  date  28'''  of  octob  52  directed  to  them  (amongst 
othrs)  did  repaire  to  the  Inhabitants  of  Kittery,  &  further, 
towards  the  Northward,  to  settle  the  Civell  government 
amongst  them./ 


B 


ly  virtue  of  the  Comission  above  mentioned,  (the  origi- 
nal! remayning  vpon  Record,  in  the  acts  of  the  gefilall  Court 
of  the  Massachusetts)  m''  Simon  Bradstreet  m''  Samuell 
Symonds  Cap*^  Thomas  Wiggin  &  m''  Brian  Pendleton  repair- 
ing to  Those  parts  &  having  sumoned  the  Inhabitants  of 
Kittery  to  appeare  before  them  they  did  hold  a  Court  there 
Novemb  16"^  1652./ 

Then  whilest  matters  were  in  debate  betweene  the  Inhab- 
itants &  the  Comissiofils  complaint  was  made  against  one  of 
them  named  John  Bursly  :  for  threatening  words  against  the 
Comissiofils  &  such  as  should  submitt  to  the  government  of 
the  Massachusetts 

The  wittnesses  nominate'd  were  Charles  Frost  &  Michaell 
Brand./ 

The  said  Bursly  vpon  his  exeminacon  at  length  in  open 
Court  did  confesse  the  words  ;  &  vpon  his  submission  was 
discharged./* 

After  longe'  agitacofil  w**"  the  Inhabitants  about  the  wholl 
busines  in  hand  they  offe're'd  to  come  vnder  the  govornincnt 
of  the  raassachusetts  pvided  that  the  Articles  &  conditions 

*  At  a  Court  holdon  at  Kittery  m'  Simon  Brailstreet  ni'  Samuell  Symonds  Captaine 
Wifjgin  &  mr  Brian  Pendleton  Comissions  from  y  Gcuall  Court  of  the  Mattsaohucctts  In 
New  Engl :  Novemb  IG"'  1652.  | 

John  Hursly  complained  of  for  speaking  of  threatening  words  against  the'  Comissions, 
&  such  as  should  submitt  to  y"  gouernra'  of  y  Maasohucetta. 

a  of  witnesses  viz  Charles  ffrost    Michaell  Brand 

confest:  And  upon  his  submission  be  was  discharged.  | 


24  DOCmiENTAEY   HISTORY 

tendered  b}'  themselves  might  be  Received  as  the  ground 
thereof:  which  being  wholly  denyed  by  the  Comissiofils  who 
tould  them  they  must  first  submitt  to  the  government  and 
then  they  should  be  ready  to  afford  them  such  priveledges  & 
imunities  as  they  should  tninke  meet  to  grant :  wherevpon 
at  length 

we  whose  names  are  vnderwritteu  doe  acknowledgr  our 
selves  subiect  to  the  govern m*  of  the  Massachusetts 


w  c 


William  Chatburne 
&c     &c     &c 

The  Inhabitants  of  the  Towne  of  Kittery  having  submitted 
as  above ;  the  Comissiofils  did  grant  vnto  them  as  foUow- 
eth  viz  : 

Novemb  20">  1652 
Whereas  the  Towne  of  Kitterj^  hath  acknowlenged  them- 
selves subject  to  the  government  of  &c 

Subscribed 

Simon  Bradstred 
'Samuel  Symonds 
Tho:  Wiggin 
Brian  Pendleton./ 
After  this  were 
Thomas  Dunston  &  Robert  Mendham   chosen  &  sworne 
Constables  for  the  Towne  of  Kittery./     Philip  Babb  of  hog 
Hand  appoyted  &  authorized  Constable  for  all  the  Islands  of 
Sholes  except  Starr  Hand./  m""  Hugh  Gunny  son  was  licenced 
to  keep  an  ordinary  &  to  sell  wine  &  Stronge  water  and  for 
one  yeare  is  to  pay  but  Twenty  shillings  the  Butt// 

Then  was  granted  a  Comission  vnto  m""  Brian  Pen- 
dleton m""  Thomas  Withers  &  m""  Hugh  Gunnyson 
to  the  like  effect  as  that  following  granted  to  the 
gent  of  Yorke  saving  that  m""  Gunnyson  was  only 
chosen  &  authorized  as  a  assosiate./ 


OF   THE    STATE    OF  MAINE.  25 

The  names  of  y®  p'"sent  Juhabitants  of  Kitteiy  viz  :/ 
Inhabitant  of  Kittery. 


A  list   of  the   names 

M""  Richard  Leader 
Tliomas  Spenser 
Humphry  Chadborn 
Richard  Nason 

M""  George  Leader 

M""  John  Wiucoll 
Xichohis  flrost 
John  Bursly 
John  Hord 
Abraham  Conly 
John  Whight 
Anthony  Emmory 
Renard  Jenckin 
Danne'l  Danes 
Thomas  Dunston 

M^  Antipas  Mauereck 
William  Chadiborn 

M''  Nicholas  Shaplegh 
William  Averret 
Thomas  Jones 
Dennes  Dounin 


of  the   Inhabetanc  of  Cetterry 

John  Grene 

Roliert  Waymoth 
M""  Ruperd  Mattoun 

John  Simmons 

Daniell  Pavll 

Thomas  Spenny 

William  Pamer 

Robert  Mendom 
M*"  Thomas  Wethers 

John  Dyraent 

Rj'es  Thomas 

Joseph  Milles 
M""  Hugh  Gonison 

John  Andres 

Charles  fl'rost 

Jeremy  Sheres 

Mary  Batcheller 


The  Graunt  to  Kittery. 

Noueraber  20*"  1652. 

Whereas  the  Tonne  of  Kittery  hath  acknowledged  them- 
selves subject  to  the  (iouernment  of  the  Massachusetts  Bay, 
in  New  England,  as  by  the  subscription  vndcr  tlu^ir  hands 


26  DOCUMENTARY   HISTORY 

bearing  date  the'  16th  of  this  Instant  it  doth  Appeare,  wee 
the  Comissione^'s  of  the  Gennerall  Court  of  the  massachusetts 
for  the  setling  of  Gouernment  amongst  them  and  the  rest 
w*^^in  the  bounds  of  their  charter  Northerly,  to  the  full  and 
Just  extent  of  theire  line  haue  thought  meete'  and  Actually 
Doe  Graunt  as  foiloweth  viz. 

1  That  the  whole  tract  of  land  beyond  the  Riuer  of 
Piscatacjj  northerly  togethe'r  w"'  the  He  of  shoales,  w^'^in  our 
sajd  bounds  is  and  shallbe  henceforth  a  County  or  shire ; 
called  by  y^  name  of  Yorkshire. 

2  That  the  People  Inhabitting  there  shall  enjoy  p''oteccon 
8equall  acts  of  favour,  &  justice,  with  the  rest  of  the  people 
inhabitting  on  the  south  side  of  the  Riuer  Piscataqj,  w"4n  the 
limitts  of  ou*"  whole  Jurisdiccon. 

3  That  Kittery  shall  be  and  remajne  a  Touneshipp,  & 
haue  and  enjoy  the  priviledges  of  a  Toune  as  others  of  the 
Jurisdiccon  haue  &  doe  enjoy  :/ 

4  That  they  shall  enjoy  the  same  bounds  that  are  cleare 
betweene  Toune  and  Toune  as  hath  binn  formerly  graunted  : 
when  Commissioner's  of  each  bordering  Toune  hath  vejwed 
and  Retourned  to  vs  or  to  the  Gennerall  Court  theire 
survey./ 

5  That  both  :  each  Towne  and  euery  Inhabitant,  shall 
haue  and  enjoy  all  their  Just  proprieties,  titles  and  Inter- 
ests, in  the'  howses  and  lands  which  they  doe  possesse  whither 
by  graunt  of  the  Toune  or  of  the  Indians  :/  or  of  the  former 
Gennerall  Courts. 

6  That  the  Toune  of  Kittery  by  theire  freemen  shall  send 
one  deputy  yearely  to  the  Court  of  Elleccon  and  that  it  shall 
be  in  theire  liberty  to  send  to  each  Court  two  Deputies  if 
they  think  good  :/ 

7  :  That  all  the  p^^sent  Inhabitants  of  Kittery  shall  be 
freemen  of  the  Country  and  having  taken  the  oath  of  free- 
men shall  haue  liberty  to  give  theire  votes  for  the  election 


OF   THE    STATE    OF   MAINE.  27 

of  the  GoGno'.  Assistants  and  other  generall  officers  of  the 
County  e. 

8  That  this  County  of  yorke  shall  have  County  Courts 
w^'^in  them  selves  in  the'  most  Comodious  and  fitt  places  as 
Authority  shall  see  meete  to  Appointe  :/ 

9  That  euery  Towneshipp  shall  haue  three  men  Approoved 
by  the  County  Court  to  end  smale  Cawses  as  other  the 
Towneshipps  in  the  Jurisdiccon  hath  where  no  magistrate  or 
Comissione"^  Resideth. 

10  :  That  the  three  shall  or  may  haue  three  Associates  to 
Asist  such  Comissioners  as  the  p''esent  Comissione""s  or 
Authority e  of  the  Massachusetts  shall  send  and  such  magis- 
trates as  shall  voluntarily  Come  vnto  them  from  time  to 
time./ 

11.  That  the  Inhabitants  of  y''  County  of  Yorkshire  shall 
not  be  draune  to  any  ordinary  gennerall  Traynings  out  of 
theire  owne  County  w*^out  theire  Consent. 

12.  That  the  Inhabitants  of  Kittery  shall  also  have  the 
same  priviledges  that  Doner  hath  vppon  theire  Coming  vnder 
theire  Goulment. 

13  That  all  such  as  haue  or  shall  subscribe  voluntarily  as 
the  Rest  haue  donne  before  the  ending  of  this  Courte  shall 
haue  the  priviledge'  of  Indempnitje  for  all  acts  of  power 
exercised  by  the  former  Gont.  vntill  the  protest  for  and  in 
Respect  of  such  Criminall  matters  as  are  breaches  of  poenall 
lawes  w*''in  the  whole  government,  provided  that  Abraham 
Cunly  hath  libe'"ty  to  Appeale  in  Respect  of  his  Case 
wherein  he  was  fined  te'nn  pounds  Ann".  51  :/ 

14  Provided  Alwajes  that  nothing  in  this  ou""  Graunt  shall 
extend  to  determine  then  Ifringing  of  any  psons  Kigiit  to 
any  land  or  Inheritance  whither  by  Graunt  l)y  Pattent  or 
otherwise'  where  possession  is  had  but  such  titkvs  shall  be 
left  free  to  be  heard  and  determined  by  due  Course  of  hiwe  : 

Provided  and  it  is  heereby  declared  that  nothing  in  this 


28  DOCUIVIENTARY   HISTORY 

graunt  shall  extend  to  Restrajne  any  Civill  accon  or  Review 
for  formr  Ciuill  Cawses  which  Reveiw  shall  be  brought  to 
any  of  our  Courts  w^4n  one  j^eere  now  Ensuing. 

And  whereas  there  are  Certajne  Debts  and  Imposts  due 
to  the  Inhabitants  of  Kittery  and  Accoraenticus  and  some 
debts  which  are  owing  from  them  to  pticcular  persons  for 
publick  occasions  Itt  is  therefore  Ordered  and  Agreed  that 
m""  Xiccolas  Shaplejgh  shall  have  power  forthwith  to  collect 
such  some  or  soiHes  of  money  as  are  due  to  the  aforesajd 
Inhabitants  and  pay  such  debts  as  are  Justly  dew  from  them 
and  give  an  accompt  thereof  w^'^in  one  month  to  the  Comis- 
sion'"s  that  shallbe  then  in  p''sent  being  and  if  it  shall  then 
Appeare  that  there  is  not  sufficyent  to  discharge  the  peoples 
Engagements  it  shall  be  supplyed  by  way  of  Rate  according 
to  the  former  Custome/. 

Symon  Bradstreete. 

Samuell  Symouds. 

Tho  Wiggin 

Bryan  Pendelton 


The  Grant  to  Kittery. 

Novemb  20*^  1652 
Whereas  the  Towne  of  Kittery  hath  acknowledged  them- 
selves subject  to  the  Government  of  y®  Massachucetts  in 
New  England  as  by  the  subscripcofil  vnder  their  hands  the 
writing  whereof  bearing  Date  the  IG*^*^  of  this  Instant  it  doth 
appeare,  We  the  Comissiofils  of  the  gefilall  Court  of  the  Mas- 
sachucetts for  the  settling  of  government  amongst  them,  & 
the  rest  within  the  Bounds  of  their  Charter  Northerly,  to  the 
full  &  iust  extent  of  their  line,  have  thought  meet  &  actually 
doe  Grant  as  folio weth  viz. 

That  the  wholl  tract  of  land  beyound  the  River  of  Piscataq, 


OF   THE    STATE    OF   MAINE.  29 

northerly  together  w*"^  the  He  or  He's  of  Soles,  within  our 
said  Bounds  is  &  shallbe  henceforth  a  County,  or  Shire,  by 
the  name  of  Yorkshire. 

That  the  People  inhabiting  there  shall  injoy  gteccofil, 
equall  acts  of  favour,  &  iustice,  with  the  rest  of  the  People 
inhabiting  on  the  south  side  of  the  River  Piscataqj,  within 
the  liinitts  of  our  wholl  Jurisdiccofil./ 

That  Kittery  shallbe  &  reraayne  a  Towneshipp,  &,  have  & 
injoy  the  priveleges  of  a  Towne  as  others  of  the  Jurisdici'ofl 
have  &  doe  injoy./ 

That  they  shall  injoy  the  Same  Bounds  that  are  clear© 
betweene  Towne,  &  Towne,  as  hath  bene  forui  ly  granted  : 
when  Comission'"s  of  each  bordering  Towne  hath  vieued  & 
returned  to  vs  or  gefilall  Court  their  Survey./ 

That  both  each  Towne,  &  every  Inhabitant,  shall  have,  & 
injoy,  all  their  just  gprieties,  &  interests,  in  the  bowse's, 
&  lands,  which  they  doe  possesse  together  by  grant  of  y*" 
Towne,  or  of  y®  Indians./  or  of  y^  forA  gefilall  Courts. 

That  the  Towne  of  Kittc'r}^  by  their  freemen  shall  send 
one  Deputy  yearly  to  the  Court  of  eleccofil,  &  that  it  shallbe 
in  their  libty  to  se'nd  to  each  Court  two  Deputies  if  they 
thinke  good./ 

That  all  the  p''sent  Inhabitants  of  Kittery  shall  be  free- 
men, &  of  y''  Country:  &  having  taken  the  oath  of  freemen 
shall  have  libty  to  give  their  votes  for  y''  eleccofil  of  y'^  Gov- 
ernour,  Assistants,  &  other  gefilall  officers  of  y"  Country./ 

That  this  County  of  York  shall  have  County  Courts 
within  themselves  in  the  most  coinodious  &  fitt  places  as 
authority  shall  see'  meet  to  a[)poynt. 

That  every  Towneship  shall  have  three  men  approved  by 
the  County  Court  to  end  small  causes  as  other  the  town- 
,ship[)s  in  the  Jurisdiccofil  hath  where  noe  Magistrate  or 
Comissiofil  resideth./ 


30  DOCUMENTARY   HISTORY 

That  the  shn*e  shall  or  may  have  three  associates  to  assist 
such  CoEQissiofis,  as  the  p'^sent  Comissiofis,  or  Authority  of 
y^  Massachucetts  shall  send  or  such  Magistrates  as  shall  vol- 
untaril}'^  come  vnto  them./  from  tyme  to  tyme. 

That  the  Inhabitants  of  the  County  of  yorkeshire  shall 
not  be  drawne  to  an  ordinary  geSall  Traynings  out  of  their 
owne  County  without  their  consent./ 

That  the  Inhabitants  of  Kittery  shall  haue  alsoe  the  same 
priviledges  that  Dover  hath  vpon  their  Coining  vnder  the 
go  verm*. 

That  all  such  as  have  (or  shall  subscribe  voluntarily  as 
the  rest  have  done)  before  the  ending  of  this  court  shall 
have  the  priviledg  of  indempnity  for  all  acts  of  power  exer- 
cised by  the  former  gout,  vntill  the  ptest,  &  for  &  in  respect 
of  such  criminall  matters  as  are  breaches  of  penall  lawes  w^'^in 
the  wholl  goverment/ 

gvided  that  Abraham  Cunly  hath  libty  to  appeale  in  respect 
of  his  case  wherein  he  was  fined  x"  Anno  51./ 

gvided  allwaise  that  nothinge  in  this  our  grant  shall  extend 
to  determine  the  infringing  of  any  psons  right  to  any  Lande 
or  inhe'ritance  whether  by  grant,  by  patent,  or  otherwise 
whe're  possession  is  had,  but  such  titles  shallbe  left  free  to 
be  heard  &  determined  by  due  Course  of  lawe./ 

Provided  &  it  is  hereby  declared  that  nothing  in  this 
grant  shall  extend  to  restraine  any  civell  acofil  or  revew  for 
forfii  civell  causes  which  revews  shalbe  brought  to  any  of  our 
Courts  w^'-in  one  yeare  now  insuynge./ 

And  whereas  there  are  certaine  debts  &  imposts  due  to 
the  Inhabit^^  of  Kittery  &  Agamenticus,  &  some  debts  w*^'^ 
are  owing  from  them  to  pticular  psons  for  publique  occacons 
It  is  therefore  ordered  &  agreed  that  m""  Nicholas  Shapley 
shall  haue  power  forth  w"'  to  collect  such  some  or  somes  of 
money  as  are  due  to  the  aforesd  Inhabit*  &  ipay  such  debts 
as  are  justly  due  from  them  &  giue  an  accorapt  thereof  w^'in 


OF   THE    STATE    OF   MAINE.  31 

one  month  to  the  Comission"  that  shalbe  then  in  ^/sent 
being,  &  if  it  shall  then  appeare  that  there  is  not  sufficient 
to  discharge  the  peoples  ingagem*  it  shalbe  subplyed  by  way 
of  rate  according  to  their  former  custome 

Simon  Bradstreete 
Samuel  Symonds 
Tho  Wiggin 
Bryan  Pendleton 


The  Comission'"'  Doe  intend  [at  thjeir  better  leisure  to 
write  alsoe  the  grounds  &  pceedings  to  the  concl 


Summons   to  the  Inhabitants  of  Aggamenticus   Nov.    20. 
1652. 

To  the  Inhabitants  of  this  Towne,  knowne,  or  called  by 
the  name  of  Aggamenticus,  or  Gorgiana,  or  by  any  other./ 

Whereas  the  Gefiall  Court  holden  at  Boston,  in  the  last 
month  Did  appoynt  vs  whose  name's  are  here  vnder  written, 
as  by  their  coinission  vnder  the  Seale  of  y""  Colony  of  y'' 
Massachucetts  doth  or  may  appeare  ;  by  sufnons  to  assemble 
the  Inhabitants  of  this  Towne  together,  in  some  place 
which  we  should  iudge  most  convenient,  &  to  declare  vnto 
them  our  just  right,  &  interest  to,  &  Jurisdiccofil  over  the' 
tract  of  laud  where  you  inhabite,  requireing  their  Subieccofil 
therevnto  :  assuring  them  they  shall  enjoy  equall  pteccofl  & 
priviledg  w*"  themselves  :  This  is  therefore  to  desire  you,  & 
in  the  name  of  y'"  government  of  y"  Massachusetts,  to  rc(iuirc 
you,  &  every  of  you,  to  assemble  together  liefore  vs  at  (lie 
howse   of  Nicholas    Davis,  betweene  seaven  &  eigiil  of  y" 


32  DOCUMENTARY   HISTORY 

clock  on  monday  next  in  the  forenoone,  to  the  end  aforesaid, 
&  to  settle  the  government  amongst  you  :  which  we  hope 
will  tende  to  the  glory  of  god,  &  to  y®  pe'ace,  &  welfare  of 
y^  whole.  Da!  20*"  day  of  Novemlj  1652./ 
And  you  m""  Nicholas  Davis  Simon  Bradstreet 

&  m""  John  Davis  are  here-  Samuel  Symonds 

by  requiard  &  authorized  Tho  Wiggin 

to  warne  the    Inhabitants  Brian  Pendleton 

abovesaid./ 


^  6  The  Comissiofils  being  arrived  at  Aggamen- 

■§  I  ticus  (then  soe  called)  they  granted  their 

sumons  to  the  Inhabitants  to  this  effect 


2  J 


VIZ  : 
To  the  Inhabitants  of  the  Towne,  knowne, 
or  called  by  the  name  of  Aggamenticus , 
or  Gorgiana  or  by  any  other  name./ 
Whereas  the  gefilall  Court  holden  &c  &c  &c  Vpon 
the  22*'^  of  Nove'mb  1652  they  held  their  Court         the 
Inhabitants  appeared.     And  afte'r  some  tyme  spent  in 
debatments,  &  many  questions  answered  &  obieccons 
removed   with  a  full  &  ioynt   consent  acknowledged 
themselves  subiect  to  the  government  of  the  Massachu- 
cetts  in  New  England  :  onely  m'  Godfry  did  forbeare 
vntill  the  vote  was  past  by  the  rest  and  then  imediatly 
he  did  by  word  &  vote  expresse  his  consent  alsoe./ 

The  Comissiofils    (soone    after)    granted   vnto   them 

severall  priveledges  subscribed  vnde'r  their  hands,  w*^" 

remayne  with  the  Inhabitants  there.      It  was  to  the 

^  1   like  effect  with  those  of  Kittery ;  with  some  addicoQs 


■3   S 


XJ  £• 


1^ 


which  addicofils  followeth  viz 


OF    THE    STATE    OF   MAINE.  33 

Att  a  Court  holden  at  a  place  now  called 
Aggamenticus,    or    Gorgiana    22"^    of 
Novemlb  1652  by  the  Comissiofils  afore- 
said./ 
The   Inhabitants  of  the   place  aforesaid  having  joyntly 
acknowledged  themsel'ves  subject  to  the  governm'  of   &c 
&c  &c 

m""  Nicholas  Davis  was  sworue  Constable :  m""  Rishworth 
Recorder  &  clerke  of  the  writts  :  m'  Henry  Norton  Marshall 
John  Davis  was  licenced  to  keep  an  ordinary./ 
Arthur  Bragdon  lievetenant :    Francis  Rayner  Ensigne. 
Jo  :  Davis  &  John  Alcott  Sergeants./ 

Then  was  the  Comission  granted  to  y"'  gent 
of  York  as  followeth  viz  : 
Whereas  the  gefilall  Court  &c  &c  &c 


Then  there  was  a  tre  directed  to  the  Inhabitants  of  Wells 
&c  a  copy  whereof  followeth  viz  :  Gentlemen  &  frends  &c  &c 
3 


34  DOCUMENTARY    HISTORY 

Imperfect  List  of  Inhabitants  of  Yorh. 
"An  impfect  list  of  y®  names  of  y®  Inhabitants  of  Yorke. 


1  mr  fffaucis  Rayner 

2  Tho:  Crockett 

3  mr  Ed.  Godfrey    • 

4  mr  William  Hilton, 

5  Quid  Goodman  Lovis, 

6  William  Moore, 

7  Jo^  Harker, 

8  Jo'^  Allcocke, 

9  Robert  Edge, 

19  Rowland  Young, 

20  M"^  Hen  Norton, 

21  George  Parker, 

22  Nicho:  Bond, 

23  Jo"  Parker, 

24  Robert  Hetherse, 

25  Andrew  Euerd, 

26  mr  Ed  :  Go"sone, 

27  Arthur  Bragdone, 

28  Will :  ffreathy, 

29  Robert  Knight, 

30  Hugh  Gayle 

31  Wilt:  Elliugham, 


10  Hen:  Donell, 

11  Nicholas  Dauis, 

12  William  Dixon 

13  Ed:  Rishworth, 

14  Phillip  Hatch, 

15  Ed:  Stirt, 

16  Sampso  Anger, 

17  Rice  Codagone, 

18  Jo"^  Dauis, 

32  Jo"  Dauis, 

33  William  Rogers, 

34  Will :  Garne'sey, 

35  Jo"  Twisdale  Senio'^ 

36  Jo"  Twisdayl  Junio' 

37  Samll  Allcocke 

38  Rich:  Bankes, 

39  Thomas  Courlous 

40  mr  Abrah  :  Preble 

41  Mary  Topp 

42  Joseph  Allcocke 
Cap.  Nuttache' 
mr  Jo"  Gouge, 
Peter  Wyre, 
Ed :  Wentom, 
Syluester  Stover, 

Mr  Tho :  Wheelewright, 

philip  [Adams] 
gorge  [Beanten] 
thomas  [Dennell] 


OF    THE    STATE    OF    MAINE.  35 

Grant  to  Aggamenticus. 

Att  a  Court  holden  att  a  place  now  called  Aggamen- 
ticus or  Gorgiana  22"'  of  Nouember  1651.  by  the 
Comissioners  aforesct 
The   Inhabitants    of    the    place  aforesd   haueing  joyntly 
acknowledged  themselues  subject  to  the  Gotim*  of  the  Mas- 
sachusetts in  New  England   the  aforesd   Comission'"''  haue 
granted  vnto  them  all  the   libertyes   &  previledges  aboue 
specifyed   &   graunted  to   the   Inhabitants    of   Kettery.   & 
agree  that  the  Towne  now  called  Aggamenticus  shall  hence- 
forth be  called  Yorke. 

It.  that  one  Court  shalbe  kept  yearly  in  the  sd  Towne  by 

such  magistrate  or  magistrates  &  other  Comission""*  as  the 

gefiall  Court  of  the  Massachusetts  shall  from  tynie  to  tyme 

appoynct  &  for    the  p''sent  by   such  Comission'"'  as  shalbe 

authorised  by  the  aforesd  Comissiotf*  of  the  massachusetts 

w'^''  Court  shall  haue   the   same  power  for  tryall  of  causes 

cyvill  &  cryminall  aryseing  in  the  County  of  Yorke  as  the 

other  County  Courts  hath  in  the  Massachusetts  Jurisdiction. 

It.  that  such  of  the  p''sent  Inhabit"*  as  shall  take  the  oath 

of  frcedome  shalbe  thenceforth  capable  of  gy vcing  then-  vote 

for  the  choise  of  Goiilno''  Assistants  &  other  gcnlall  oilicers  & 

of  being  chosen  to  any  of  the  aforesd  places  of  hon*^  &  trust. 

It.  that  the  County  of  Yorke  shall  not  be  drawne  to  any 

ordinary  gcfijdl  traynings  out  of  their  owne  County  w"out 

their  consent. 

And  it  is  furth*"  agreed  that  the  Inhabitants  of  Yorke  & 
Kittcry  shall  sett  out  llicir  ])<)unds  Ix'twixt  them  w"'  in  one 
ycare  now  next  cnsueing  otherM'iso  it  shall  be  done  l)y  Com- 
is.sion"  appoyncted  by  the  gefiall  Court,  &  the  head  lyne  of 
Yorke  l)Ounds  into  the  Country  shalbe  in  a  straight  lyne  by 
the  southeast  syde  of  a  ccrtaiiie  jjoiid  nboiilc  2  iiiyK-s  into 
the  Country  beyound  the  nortlKMJy  branch  of  a  (crlaine 
marsh   nowe  impued  by  some  of  tlu;  Inhabilants  of  Yorke  & 


36  DOCUMENTARY  HISTORY 

soe  to  the  devision  lynes  betwixt  the  Towne's  before  men- 
tioned, &  if  it  soe  fall  out  that  any  pte  of  the  marshes  now 
reputed  to  belong  to  Yorke  &  impued  by  the  Inhabit*^* 
thereof  shall  fall  w*^  in  Kettery  bounds  yet  the  ppriety  of 
the  sd  marsh  shall  belong  to  the  Inhabitants  of  YorJce  to 
whome  it  is  graunted  and  if  any  of  the  lands  or  marshes  now 
reputed  to  belong  to  Kettery  &  impued  by  any  of  the  Inhab- 
it'* shall  fall  w"Un  the  bounds  of  Yorke  yet  the  ppriety  of 
the  sd  land  or  marsh  shall  belong  to  such  of  the  Inhabit** 
of  Kettery  to  whome  it  is  graunted. 


Writing  tendered  hy  Mr  Godfrey  JVov.  22.  1652. 

This  was  tendered  to  the  Couiissiofis  by  m''  Godfry  & 
their  answere  folio weth./ 

"Whereas  wee  whose  names  are  here  vnder  subscribed 
being  appoyinted  Comissioners  from  the  Generall  Court 
mattachewsets  to  settle  the  Estern  parts  vnder  the  Gouer- 
ment  of  the  Mathechusets  by  power  from  them  deligated  to 
vs  finding  that  m""  Godfrey  of  Agamenticus  hath  not  onely 
binne  first  planter  in  the  sayd  Riuer  liueing  here  Twenty  one 
yeares  long  before  and  euer  a  great  furderer  for  ppagating 
and  popelating  the  Country  in  general  to  his  great  charge 
and  payments  procured  a  pattent  for  him  selfe  and  euery 
assotiate  for  this  Riuer  which  by  the  petition  of  the  inhabi- 
tants and  order  of  Court  was  divided  amongst  them  as  by  it 
and  the  dividauts  apeare  :  11  :  years  past  vpon  which  diui- 
dents  of  his  and  his  owne  assotiates  he  hath  settled  diners  of 
his  seruants  vnto  whom  he  was  and  is  bound  to  giue  50 
acres  a  man  and  diners  other  fiamilies  as  by  his  patent  he 
mio"ht:  15  fiamilies  allready  setled  and  diners  of  his  aliants 
are  to  come  thither  to  setle  for  these  Considerations  and 


OF   THE    STATE    OF   MAINE.  37 

others  there  vnto  moueing  doe  ratifie  and  Confirme  vnto  hiin 
and  his  owne  Assotiates  there  ayres  and  Execators  for  euer 
all  such  lauds  and  diuideuts  as  were  ether  deuided  possesed 
and  apropriated  to  him  or  them  ratifiing  and  Confirming  the 
same  and  what  lands  or  hereditararments  by  vertue  thereof 
or  by  his  wright  he  hath  alienated  giuen  or  disposed  of  for 
any  seruises  or  reseruations  and  his  grant  we  hold  good  and 
vale  wed  without  any  molestation  from  the  Jurisdiction  of  the 
Mathechusets  and  these  we  ratifie  and  confirme  to  him  and 
his  Eyers  giuen  vnder  our  hands  22  Nouember :  1652  : 

Answer. 

Though  we  cannot  subscribe  to  this  wrighting  of  m""  God- 
fry  because  we  have  not  certaine  knowledg  of  what  is 
aledged  nor  time  at  present  regularly  to  examin  the  mater 
yet  we  thought  meet  to  expres  our  desires  that  neither  m'' 
Godfry  nor  any  other  may  be  injuried  nor  sufier  any 
damag  by  reason  of  his  Charge  of  Gouerement  and  for  such 
lands  as  were  orderly  diuided  and  layed  out  to  him  and  his 
particular  assotiats  before  they  were  apropriated  to  or 
improued  by  any  other  we  think  it  but  equall  that  he  and 
his  E3^ers  should  in  Joy  the  same  for  euer  notwithstanding 
if  our  desire  and  present  thoughts  giuc  not  sattisfaction  to 
any  that  it  may  Concerne  we  leaue  it  to  be  determined  l)y  a 
due  course  of  Lawe 


Yorke  none      23  152  ; 

Simon  Bradstreet 


A  Coppy< 


Samuel  Symoiids 
Tho  :  Wiggin 
Brian  Pendleton./ 


38  DOCUMENTAKY   HISTORY 

Civil  Government  Settled  in  York.  Nov.  23.  1652. 

Whereas  the  geSlall  Court  holden  at  Boston  in  octoTj  last 
hath  appoynted  &  authorized   vs  whose  names  are  vnder- 
written  to  settle  the  Civell  government  in  this  place  ;  now 
called  Yorke,  in  County  of  Yorkshire  as  by  their  Coinission 
vnder  the  Seale  of  this  Colony  Dat  28"'  of  the  foresaid  octolj 
doth  or  may  appeare  we  therefore  the  sd  Comission''s  w% 
the  free  &  full  consent  of  the  Inhabitants  of  the  said  Towne 
have  &  hereby  doe  constitute  &  appoynt  the  right  Trusty 
m"^  Edward  Godfrey  m''  Abraham  Prebble  m""  Edward  John- 
son &  m""  Edward  Rishworth  Commissiofils  invested  w^*"  full 
power  &  authority  together  w"'  one  assistant  of  the  govern- 
ment of  the  Massachusetts  to  keep  one  County  Court  yearly 
att  Yorke,  &  Every  one  of  these  CommissioSs  hereby  have 
magistraticall  power,  to  heare  &  determine  small  causes  like 
as  other  magistrates  that  are  assistants  have,  whether  they 
are  of  a  Civell  or  of  a  criminall   nature.    Alsoe  power  is 
hereby  given  to  any  three  of  y®  said  Comissiofils  assembled 
together  betweene  the  County  Courts ,  to  heare  &  determine 
(without  a  Jury)  in  the  sd  Towne  any  Cause  not  exceeding 
ten  pounds  :  any  of  the  Comissiofils  may  grant  surnons  or 
attachmments  &  execucous  if  need  require.     Any  of  y®  said 
Comissiofils   hereljy   have   power   to    examine   ofl'enders   to 
Comitt  to  prison  vnles  bayle  be  given  &  taken.     Alsoe  each 
of  these  Comissiofls  have  hereby  power  when  they  shall 
judge  needfull  to    binde  oflenders  to    the    peace    or   good 
behaviour.  Alsoe  Marriage  shalbe  solemnized  by  any  of  the 
Comissiofils  according   to  lawe.     Alsoe   the  County  Court 
shall  appoynt  a  Shire  Treasurer  to  whome  fines  &  matters 
of  Y^  like  nature  are  to  be  accounted  &  paid  for  the  vse  of 
the  County.     Alsoe  any  of  y®  said  Comissiofils  may  minister 
the  oath  to  such  of  the  p^'sent  Inhabitants  as  shall  desire  to 
be  made  free.    Alsoe  two  of  these  Comissiofis  may  till  other 
order  be  taken  o-i-ant  or  renew  licences  for  ordinaries  or  sell- 


OF   THE    STATE    OF   MAESTE.  39 

ing  wine  or  stronge  water.  Alsoe  two  of  the  said  Comis- 
siofls  hereby  have  authority  to  impower  military  oiEcers 
vuder  the  degree  of  a  Captaine.  Alsoe  power  is  hereby 
given  to  two  of  y^  said  Comissiofils  &  they  are  required  to 
iujoyne  the  Towue  of  Yorke  to  gcure  the  books  of  lawes  & 
such  alsoe  as  are  not  as  yet  printed  &  enacted  since  the  last 
booke  came  forth  in  print,  &  it  is  intended  that  both  gran 
Juryes  &  Juryes  for  triall  shalbe  sumoned  for  the  County 
Court  out  of  Yorke  &  Kittery  ppcofilalily.  Gyven  vnder 
our  hands  at  Yorke  this  23^'^  November  1652 

Symon  Bradstreet : 
This  is  a  ^  Samuel  Symonds./ 

coppy   5  Tho  Wiggin 

Brian  Pendleton 


' '  A  Coppy 

of  y®  Comission  to  y® 

gent 

at  Yorke  "./ 

No  2 


Return  of  the  Massachusetts  Commissioners  JSfov.  23.  1652. 

The  Retourne  of  the  Comission's  who  vppon  the 
Comission  Graunted  by  the  genncrall  courte  bear- 
ing date  28"'  of  October  1652  viz.  m""  Symon  Brad- 
streete  m"^  Samuell  Symonds  Cap^  Thomas  Wiggins 
and  m""  Brian  Pendleton  In  Order  to  theire  Comis- 
sion Repaired  to  those  parts  :  at  theire  Arivall  at 
Kittery,  they  Sumoned  the  Inhabitants  to  Ap{)eare 
before  them 

To  the  Inhabitants  of  Kittery. 
AVhoreas  tho  ircnncrall   Courte  iiolden  at   Boston   in   the 
last  month  did  Appointe  vs  whose  names  are  heere  vnder 


40  DOCUMENTARY   HISTOEY 

written,  as  by  theire  comission  vnder  the  Seale  of  the 
Colonie  of  the  Massachusetts  doth  or  may  Appeare,  by 
Svraons  to  Assemble  the  Inhabitants  of  this  Toune  together, 
in  some  place  which  wee  should  Judge  most  convenient,  and 
to  declare  vnto  them  our  Just  right  and  Interest  to,  and 
Jurisdiccon  ouer,  the  tract  of  land  where  yo"^  Inhabitt, 
requiring  theire  subjection  therevnto.  Assuring  them  they 
shall  enjoy  equall  ptection  &  priviledge  w**^  themselues  : 
This  is  therefore  to  desire  yo"^  &  in  the  name  of  the  govern- 
ment of  the  Massachusetts,  to  require  yo"^  and  euery  of  yo"" 
to  Assemble  together  before  vs  at  the  howse  of  William 
Eueret  betweene  seuen  and  eight  of  the  clocke  in  the  morn- 
ing the  26"^  of  this  p^sent  Nouember  to  the  end  aforesaid, 
and  to  setle  the  Gouernment  amongst  yo'""  which  we  hope 
will  tend  to  the  glory  of  God  &  to  the  peace  &  welfare  of 
the  whole.  Dated  the  15"'  Nouember  52  &  signed  Symon 
Bradstreet  Sam:  Symonds.  Tho  Wiggin  &  Bryan  Pen- 
dleton. 

Att  the  time  appointed  the  Inhabitants  Appeared,  a 
Court  was  held. 

And  whilst  matters  were  in  Debate  betweene  the  Inhabi- 
tants and  the  Comissione^'s  complaint  was  made  against  one 
Jn°  Bursly  for  vttering  threatning  words  against  the  Comis- 
sione^'s  and  such  as  should  submitt  to  the  Gouernment  of  the 
Massachusetts.  Michaell  Brande  &  Charles  frost  were  wit- 
nesses against  y®  said  Bursly  : 

The  said  Bursly  vpon  his  examination  at  length  in  open 
Court  did  Confess  the  words,  &  vppon  his  submission  was 
discharged. 

After  long  Agitacon  w*''  the  Inhabitants  about  the  whole 
business  in  hand  they  offered  to  Come  vnder  the  Gouern- 
ment of  the  Massachusetts  Provided  that  the  Articles  and 
Conditions  tendered  by  themselves  might  be  Received  as  the 
grounds  thereof,  which  being  wholly  denyed  by  the  Comis- 
sioners  who  tould  them  they  must  first  submitt  to  the  Gov- 


OF    THE    STATE    OF    MAIXE. 


41 


ernment  and  then  they  should  be  ready  to  Affoord  them 
such  priviledges  and  Immunities  as  they  should  think  meete 
to  grauut :  wherevppou  at  length  they  did  submitt  as  fol- 
loweth  :/ 

Wee  whose  names  are  vnder  written  Doe  acknowledge 
ou''selves  subject  to  the  Government  of  the  massachusetts 
bay  in  New  =  England  =  / 


Tho  Withers 
Jn«  Wincoll 

m  \Kj     /^  chadborne 

Huah  Gunnison 


Thomas 


r 


Spencer 


Thomas   "^y^  Durston. 


Rol) 


men  dam. 


Thomas 
James  Emery 
^(       Christian  Remeth 

Niccolas  tfrost. 
Charles  ffrost. 
Humphry  Chadburne 
Abraham  F  Cunly 
Richard  Nason 
Mary  ^  Bayly. 
Daniell  Paul  : 
John  Diamont. 
m""  George  Leader 
Ju"  Symous 


Robert  l^  weimouth 

John  Greene 
Hughbert  Mattoone 
Gowen  Wilson 
William  Palmer 
Jeremiah  h  Sheires 
John  Hord 
Thomas  Spinny 
Nath  Lord. 
Joseph  Mile 
m''  Niccolas  Shapleigh 
Antho  :  /"T    '\  Emery 

Reghnald   W  Jenkins 

John  -,  y(j  White 

Tho  : "/^  Jones 

Dennis  Douning 
John  J    Andrewes 

Daniell  Davies 
Phillip  Babb 
m""  Antipas  Mauerick 
W"  Euerctt 


42  DOCIBIENTARY   HISTORY 

Protection  granted  to  M''  JVicholas  Shapley,  JVbv.  24.  1652. 

Whereas  the  sjeQall  Court  holden  att  Boston  in  Octob"^  last 
grauntecl  M""  Nicholas  Shapley  pteecofil  for  one  yeare  freely 
to  come  into  the  JurisdiccoQ  of  the  Massachusetts  &  to 
returne  to  his  owne  howse  w*"^  out  niolestacofil 

We  the  Comissioners  appoyncted  by  the  sd  Court  to 
settle  the  cyvill  goQm*  att  Kettery  &c.  vpon  the  request  of 
the  sd  m'"  Shapley  haue  thought  meete  &  accordingly 
graunted  that  noe  former  judgem*  or  execucofil  foriSily 
obteyned  by  any  creditor  in  any  Court  of  the  Massachusetts 
agst  the  sd  m''  Shapley  shalbe  of  force  against  his  pson  for 
one  yeare  from  the  date  of  the  sd  pteccoul  notw*''  standing 
the  place  of  his  habitacofil  is  w"'  in  the  JurisdiccoQ  of  the 
massachusetts,  nor  agst  any  of  his  lands  or  estate  except 
they  be  found  in  some  place  that  att  the  tyme  of  the  sd 
judgem*  graunting  was  vnder  the  exercise  of  the  Jurisdiccofil 
of  the  Massachusetts  aforesd.  gvided  ueuertheles  that  this 
previledge  &  ptecconl  nowe  graunted  shall  not  barr  or  lett 
any  pson  w^soeuer  from  sueing  or  recoQing  by  lawe  any  debt 
due  by  bond  bill  or  otherwise  from  the  sd  m"  Shapley  vpon 
a  newe  accoQ  eith""  in  the  County  Court  of  Yorke  or  Kettery 
or  w"'  in  the  JurisdiccoQ  where  any  such  creditor  may 
inhabit,  his  pson  still  to  be  free  from  restraint  for  the  tear  me 
aforesd,  Gyven  att  Kittery  vnder  o"^  hands  this.  24'^^  Nov^ 
1652. 


Vpon  the  returne  of  y^  Comissiofis  from  Yorke  to  Kittery. 

m""  Hugh  Gunnyson  was  licenced  to  keep  an  ordinary:  & 
to  sell  wine  &  stronge  water : 

and  for  one  yeare  to  pay  but  Twenty  shillings  the  butt./ 
Philip  Babb  of  Hogg  Hand  is  appoynted  &  authorized  con- 


OF    THE    STATE    OF   MAESTE.  43 

stable  for  all  the  Hands  of  Sholes,  which  belonge  to  the 
Townc  of  Kitteiy  which  are  all  but  that  which  is  called 
StaiT  Hand. 

Thomas  Dunston  &  Robert  Mendham  sworue  Constables 
at  Kitteiy. 


Petition  of  Inhabitants  of  Kittery  to  the  Parlicmient  of  tUe 
Gommonwealtli  of  England,  Dec,  20.  1652. 

To  the  most  Ho''"  the  high  Court  of  Parliament  of 
the  Couion  wealth  of  England  &  Counsell  of  State 
thare. 

The  Humble  remonstrance  &  Petition  of  the  Inhabitance 
of  Kettery  vpon  the  river  of  Paskataquake  within  the 
p^'sincts  of  the  pattent  of  the  Massathuscts./ 

Humbly  sheweth  that  in  Anno  1651  one  m''  Richa>rd 
Leader  intruded  himself  amongst  vs  by  such  as  had  noe 
Just  power  to  dispose  of  o'"  lands  ;  &  tracte  of  land  t3nnb"'  & 
other  privilidges  that  was  form'^ly  improved  by  Cap'  Mason 
of  london  &  his  heires  with  some  others  &  after  hee  was 
settld  amongst  vs  by  his  power  &  greatnes  hee  deprived 
some  of  the  inhabitants  of  theire  just  rights  &  possetions  & 
by  his  pollecie  &  subtilly  Caried  Matters  amongst  vs  as  hee 
pleased  to  the  p''judice  &  disturljance  of  the  inhal)itance 
heare  &  at  seGull  times  would  haue  drawne  vs  to  hauc  peti- 
tioned for  such  gouerm'  as  wee  desired  not  to  bee  sett  ouer 
vs.  whar])y  wee  Evidently  sawe  his  Cheefe  Ayme  was  to 
gett  tlie  gouerm*  ouer  vs  into  his  owne  hands  &  soe  to 
tryanize  ouer  vs  as  appcares  l)y  seU^ill  of  his  practises  & 
speches  one  or  two  wharof  wee  humbly  p^sent  vulo  yo"" 
hon''H,  of  which  thare  is  suffitient  wittnes  some  of  whose 
hands  are  hearevnto  subscribed,  vi/.  once  (that  is  to  say)  a 


44  DOCmiENTART   HISTORY 

Company  of  rogues  ;  if  liee  could  gett  them  vnder  (meaning 
the  people  heare)  hee  would  rule  ouer  them  &  keepe  them 
vnder  &  when  m""  leado''  &  those  that  joyned  with  him  found 
noe  way  to  bring  to  pass  theire  owne  Ends  then  hee  the  sd 
leader  &  others  for  him  presed  vs  to  take  the  ingaigm*  which 
wee  ware  allways  willing  to  doe,  but  fearing  hee  hitended 
to  make  some  other  vse  of  o''  hands  for  his  owne  advantage 
then  hee  p'"tended  wee  alittle  demured.  wharvpon  hee 
threttned  vs  that  wee  should  bee  gclaymed  Enemyes  to  the 
State  of  England,  &  to  haue  no  benyfitt  of  the  law,  soe  out 
of  o''  loyalty  to  the  State  of  England  wee  subscribed  o*"  hands 
to  the  ingaio-m*  which  hee  hauino;  orotten,  wee  are  informed 
hee  intendeth  to  make  vse  of  by  way  of  petition  for  vs  which 
wee  neuer  desird  nor  intended  that  hee  should  doe  Our  hum- 
ble request  tharfore  to  this  honorable  parlament  is  that  if  the 
sd  m""  leader  or  any  other  what  soeuer  should  petition  for  vs 
or  in  our  names  that  himselfe  or  any  other  may  haue  power 
of  gouerm*  ouer  vs  that  it  may  not  be  granted,  wee  finding 
the  place  whare  wee  inhabitt  to  bee  within  the  line  of  the 
Massathusetts  pattent  to  whose  gouerm^  wee  haue  subscribed 
&  desire  Euer  soe  to  remain e,  with  reference  to  the  boner- 


OF   THE    STATE    OF   MAINE.  45 

able  high  Courte  of  the  parliment  of  England  In  Spetiall/ 
Dated  this  20'"  of  Deseiii  1652. 

Humphrey  Chadburne 

Nickolas    A/  J*-      Ffroste 

Abraham  F  Cunley 
Charles  fl'rost 
Christion  Earn  ay 
Thomas  ^^'  Spencer 
Richard  O  Nasson 
William  jY/    Q  Chadburne 
Thomas  i— ^-^  Jones 
Daniell  "J^  Douneinge 

Anthony    Z\  Emerie 

James  Emerie 
Renolds     ]/^  Jinckins 

John  f  j\   white 
John    ^  Andres 

Jeremy   /j   Sheares 

Nathan-^  Lorde 
Hugh  Gunison 
John  Wincoll 
Robert  Waimoth 
henary 

Thomas  Spinny 
Joseph  Mason  Agent 
for  m'^s  Ann  Mason 
of  London  widd 


46  DOCUIMENTAKY   HISTORY 

Petition  of  Hen.  Jocelyn  &  otJters. 

To  the  Hounored  Gouerno''  Deputy  Gouerno'"  w**"  the 
rest  of  the  Houn'"^  Asistants  &  Deputies  of  the 
Gennerall  Court  for  y°  Massachusetts  Collony. 
Houno'"''  Gent"'  wee  being  sencible  of  a  woe  pronounced 
against  a  Citty  established  by  Inniquitie  &  y*^  the  Epha 
placed  on  his  owne  basis  shallbe  established  there  :  Being 
by  this  Court  &  Authoritie  thereof  Commanded  to  sursease 
from  all  clainie  &  exercise  of  Jurisdiccon  in  your  parts  in 
pretence  notw^'^standing  Gods  great  dishounor  &  our  great 
damages  in  this  Interim  for  want  of  Ordinances  did  yett 
suspend  all  exercise  for  the  prevention  of  yo'  discontents,  & 
of  all  Civill  Hostillitie  amongst  our  Nation  having  xA.ttended 
you^  flurther  proposalls  in  this  concernment  we  haue  only 
Rec'*  a  certaine  Coinand  from  the  County  Court  of  Yorke 
requiring  our  Appearance  &  obedience  vnto  that  Court 
which  wee  conceaving  as  we  directly  de[rive]  from  your 
power  we  did  for  the  majo""  part  forbeare  our  Appearance, 
only  by  letter  requesting  them  that  we  might  give  to,  and 
receive  Answer  from  your  selves,  wherevnto  in  Curtesy 
they  Consented,  Comanding  vs  by  our  selves  or  Attourneies 
to  Attend  your  pleasures  &  the  Issue  of  this  Court  or  other- 
wise definitively  wee  must  be  Includer  &  Concluded  as  your 
subjects  ;  That  wee  may  shew  no  vnciuill  Contemptuosnes 
to  any  Court  that  may  Gennerate  the  Coiiion  peace  wee  haue 
therefore  Impowred  Our  Beloved  ffreind  m""  George  Cleaves 
&  such  as  he  shall  choose  Agitators  in  our  steed  to  personate 
vs  &  them  selves  before  yo'",  to  Attend  your  motions  &  Act 
in  our  behoofe  According  to  such  Instructions  as  are  by  vs 
given  vnto  them  ;  the  product  whereof  wee  will  Attend  vnto 
desiring  So  praying  that  Equitie  may  be  by  yo""  &  them 
attained,  that  so  the  future  progresse  of  our  estate  &  Con- 
dicon  may  recea :  a  Blessing :/  Therefore  wee  declare  our- 


OF   THE    STATE    OF   MAINE.  47 

selves  as  no  way  Byassed  to  repelle,  oppugne  or  deny  yo*" 
Just  Interesses  w'^  vs  or  ouer  vs,  According  to  due  legall 
processe  &  evidence  so  we  hope  yo"^  will  not  Compuls  vs, 
Contrary  to  right  &  equity  if  it  so  Appeare  that  sinfully  to 
desert  from  ou""  Injoyments  made  ours  by  divine  providence 
&  Confirmed  vnto  vs  by  Supreame  Authoritie  &  Adminis- 
tracon  prescribed,  also  by  Continuance  of  time,  and  Con- 
nived at)  if  not  allowed  vnto  vs  by  yourselves  as  will  be 
farther  demonstrated  in  ou""  Instructions. 

Our  Requests  vnto  yo"^  are  p^'esented  viz  that  ou""  Agitato'' 
in  person  and  personally  may  be  by  yo""  secured  from  any 
molestation  in  Lawe,  or  otherwaies  from  any  person  or  per- 
sons vntill  they  retourne  to  vs  ;  with  the  Result  of  this 
theire  Agitaucy  :/ 

2'y  That  yo'""  will  vouchsafe  vs  the  hounor  to  Appointe  a 
Convenient  Comittee  of  both  you""  howses  Respectively,  as 
fully  experienced  in  the  fundamentals  of  your  Claime  & 
Intencons  to  vs  ward  who  may  be  Impowred  by  yo'''  to  Con- 
fer with  Informe  Evidence  &  graunt  vs  on  you""  part,  as  also 
to  heare  examine  &  Attend  to  such  Instruments  by  vs  to  be 
produced  that  may  or  at  least  may  seeme  to  maintaine  ou'' 
Iraunity  from  such  you""  Chiime  :  Woe  desire  farther  that 
such  ou''  Instruments  may  be  secured,  &  by  our  said  Agi- 
tato'' to  be  Retourned  vs  w"'  out  detaynure  or  violation  and 
that  according  to  this  Agitation  :  a  due  report  may  be  given  : 
In  vnto  you''  whole  body  to  consider  of  the  whole  matter, 
that  wee  may  so  obtaine  a  declar"  of  you""  vltimate  purposes 
ou""  Request  also  is  that  yo"'  would  Consent  if  meete  either 
that  this  ou""  manifesto  may  in  its  Originall  be  Redcliuered 
vnto  ou""  said  Agitato""  or  else  that  a  full  Coppy  thereof  may 
be  forthwith  given  them  vnder  the  Attest  of  yo''  Court.  Ubr 


48  DOCUMENTARY   HISTORY 

all  which  ffavo''s  wee  shallbe  duly  thankful!  vnto  yo""'  &  pray 
for./ 

Henry  Watts  Hen  :  Jocelyn  : 

Eich.  ^'  Martins         W-  Smith. 

Rich.  iFoxwell 

Andrew     y^  Augu'''  m'"ke 
Arthur  A/^  Angu""^  nfke 


Roger     yU  Vickary  m''ke 


Petition  of  Henry  Boade.  May.  6.  1653. 

Right  Worshp" 

when  the  letter  of  yo*^  Commissioners  touching  the  clame 
■^ch  jQ^  ]jjy(j  ^Q  Q^J,  Easter ne  parts,  came  into  my  hands  ;  I 
could  no  lesse  than  admire  gods  goodnes  towards  us,  &  in 
speciall  in  this  clame  of  yo""^  as  an  argument  y'of,  to  those 
our  weake  &  scattered  societys  :  Indeed,  for  the  places  of 
our  Cohabitation,  are  little  inferiour  for  comodiousnesse  to 
other  places,  thoe  somew^  remote,  our  nakednesse  cheefly 
appears  in  the  want  of  a  strong  &  godly  GoGent :  the 
absence  w'"of  occasions  unruly  spirits  amongst  us  to  appeare 
in  much  disorder,  tending  as  much  to  the  great  discorage- 
ment  of  the  ministrey,  as  to  our  owne  disquietnesse,  wch  at 
p'^sent  we  are  altogeather  uncapable  to  p''uent ;  Therefore  y* 
wch  I  would  earnestly  desire  at  your  worships  hand  is,  y'  as 
your  GoiJt :  hath  layd  a  clame  to  us,  soe  y*  with  as  much 
Conuenient  speede  as  you  can  you  would  be  pleasd  to  bring 
the  businesse  to  some  issue  :  some  app'^hend  mr  Cleaues  his 
returne  to  his  seat  againe,  or  rather  desire  it,  my  selfe  & 
others  are  desirous,  y*  your  acceptance  of  us  might  p'"suant 
those  expectations  :  I  would  not  p^'sume  to  direct,  but  would 


OF    THE    STATE    OF    MAINE.  49 

humbly  thus  fare  entreat,  y*  in  case  your  more  weighty 
occasions,  should  still  interpose  matter  to  p''uent  the  speedy 
aflecting  of  this  busines,  I  could  desire  you  would  be  plesed 
to  giue  pouer  unto  some  of  o*"  neighbours,  such  whome  your 
wisedome  shall  thinke  fitt,  w*^'^  are  not  ignorant  of  our  stand- 
ing, to  expidite  this  businesse,  wch  being  affected  we  hope 
will  tend  to  gods  glory  &  our  peace,  thus  with  my  seruis 
p^'sented  to  your  selfe  &  mis  Endicott,  Coiiiending  your  selfe 
w'"  your  weighty  occasions  to  the  Lord  I  rest 

Yo""  worshps  to  be 
May  :  6  :   1653  :  Comanded  in  the 

Lord, 

Henery  Boade 

The  magistrates  Desire,  that  this  may 
be  first  taken  into  consideration  by 
o"^  brethren  the  Deputies  who  know 
the  place  &  condicou  of  the  psons.  & 
accordingly  That  there  may  be  Coiii- 
ission  granted  to  such  as  may  further 
that  busines  :  if  o""  brethre  the  Depu- 
ties consent  heerevnto./ 

Edward  Rawson.  Secret. 

the  Deputyes  desire  this  may  be  Issued 
at  a  Conference 

William  Torrey  Cleric. 

The  magis*'  consent  to  a  Conference 

Edward  Rawson  Secret. 
4 


50  •    DOCUMENT AEY  HISTORY 

Petition  TJio^  Wheleioright  in  behalf  of  the  Town  of  Wells. 

Worshipfull  mr  bellingam  my  humbell  saruu''  presented 
vnto  you  by  the  importveny  of  some  of  our  nighbours  i  haue 
mayd  bould  to  trvbell  your  worship  w*^  thes  fve  lins  wh  ar  to 
[ask]  you  to  take  in  to  y""  seruous  considartione  the  sad  Con- 
dishon  that  the  toone  of  Wels  &  the  other  plaseis  agasant 
now  stand  in  at  present  for  lack  of  good  govverment  which 
thay  hoped  thay  shovld  have  injoyed  before  this  but  thar 
hope  hath  benne  so  defered  that  it  hath  mayd  ther  harts 
sicke  onely  thay  conseve  that  more  weighty  ocasons  hath 
bene  the  case  of  the  [dekiy]  ther  humebell  desier  is  that  y"r 
worship  would  be  plesed  to  hasen  the  Commissioners  Com- 
ino-  to  vs  left  in  so  long  an  intrim  of  time  something  might 
inconvene  which  might  hender  vs  of  that  which  we  hope 
will  conduse  for  our  well  being  in  this  life  as  namely  good 
government  from  your  selefes  the  efecting  of  which  is  the 
harty  desier  of  those  which  ar  the  efected  amongst  vs 
So  prays  he  likewise  that  is  at  your  saruus 

Thomas  Whelewright 

May  11 
1653 

In  Answer  to  the  requests  of  y®  gent  exprest  in  these  tres 
the  Deput^  Judge  it  meete  that  majo'  generall  Denison  Cap* 
Wiggan  m""  Brian  Pendleton  n/  Godfry  &  n\^  Nicholas  Shap- 
ley  be  Intreated  &  appoynted  to  be  comission''s  to  pfect  & 
effect  what  is  yet  vnaccomplished  in  reference  to  theire 
desires  for  the  settlement  of  those  y*  are  lately  brought 
vnder  o''  gouernment 

Voted  by  the  Depu*s  who  desire  the  Consent  of  o''  hono'''^ 
magis*'  hereto 

William  Torrey.  Cleric. 


OF   THE    STATE    OF   MAINE.  51 

Remonstrance  of  the  Inhabitants  in  Piscattaqua,  &c. 

To  the  much  honoured  Geuerall  court  at  Boston  y*"  18*''  of 
y«  3*1  1653. 

The  humble  Remonstrance  of  the  Inhabbitants  in  Piscattaq, 
&  y^  Isies  of  Showles 
Declareth. 

That  Avee  the  abovesaid  Inhabbitants  being  lately  awak- 
ened to  apprehend  our  Immanent  dangers  for  want  of  some 
necessarie  meanes  to  withstand  any  forraine  forces  &  being 
not  vnsensible  of  the  considerable  trade  both  of  fish  &  tim- 
bers Exportable  amongst  vs,  as  well  of  the  needfull  supplies 
from  beyond  Seas  produced  to  the  Contrie  thereby,  withall 
uaighing  amongst  our  selues,  how  easilie  the  aforesaid  places 
may  be  fortified  by  vs,  as  well  as  our  adversaries,  in  case 
they  may  possesse  the  same,  alsoe  considering  that  the  nat- 
urall  situation  of  the  places  being  such,  as  without  so  great 
charges  to  the  contrie  the  same  may  be  well  accomplisht. 
AVherfore  for  such  like  reasons  induceing,  wee  thought 
it  our  dutie  to  informe  this  honoured  generall  Court  of 
this  our  condition,  with  respect  to  the  publick  good,  and 
also  humblie  to  make  request  that  yee  should  be  pleased  to 
consider  of  our  desires,  as  that  wee  may  be  timely  well  for- 
tified, against  any  forraine  assaults  that  may  be  attempted, 
&  insomuch  as  these  may  be  defective  to  lay  downe  our 
estate  yee  may  then  be  pleased  to  take  a  more  perticular 
Relation  thereof,  from  our  beloved  Deputies  there  present, 
&  although  wee  as  yet,  are  but  few  Inhabbitants  in  this 
River,  &  alsoe  low  in  estates  yet  notwithstanding  wee  shall 
endeavour  to  boarc  part  of  the  Charges  according  to  our 
abilities,  &  that  with  all  submission  to  your  mature  deliber- 
ations, your  selues  bceing  apprchensiue  how  much  the  pub- 
lick  may  he  heerein  concerned,  wee  huml)lie  therfore  take 
our  leave  with  a  continuance  of  our  petitions  to  the  throane 


52  DOCtnVIENTARY   HISTORY 

of  grace  for  all  sutable  good,  And  wee  subscribe  with 

the  Consent  of  the  rest 

/p     oi.    r        -o     1     (  Brian  Pendleton 
iior  btrabery-Banke  < 

(  Richard  Cutt 

^     ^^.^         i  Tho  :  Withrs 
for  Kittery  <  ,^.       ,^,      ,  .  , 
C  JNic :  kShapleigh 

/.       p  T  1        ^  oi       1      (  I^ice  Cado^en 
lor  y"  Isles  of  Showles  <  -^,  .„.    -^  ", 
C  Phillip  Babb 

-     ^  c  Richard  Walderne 

for  Dover  <  ^^ 

(  Hatevill  Nutter 


In  answer  to  this  Remonstrance  The  Deputyes  Conceiue 
that  in  regard  of  Inabillity  for  p'^sent  to  satisfy  the  desires  of 
the  psons  Concerned  herein  as  also  they  no  way  Contribut- 
ing to  any  such  Charge  amongst  o''  selues  we  thinke  they 
may  Rest  satisfy ed  for  p'^sent,  &  for  time  to  Come  we  shall 
be  Ready  to  afford  such  helpfullnes  to  the  Remonstrants  as 
Justice  shall  require  expectinge  from  them  what  others 
vnder  o"^  Jurisdiction  ar  subject  vnto. 

William  Torrey  Cleric. 

Wee  conceiue  that  the  Peticon^'s  shold  haue  fowre 
Giins  by  order  of  the  Surveyour  Gen''ll.  Pro- 
uided  the  Peticon's  shall  fetch  them  &  Allso 
mount  them  at  their  own  charge  w^'^in  three 
months  next  after  they  shall  be  Appointed  & 
deliOd  to  -them,  or  els  shall  returne  &  redeliu"" 
them  to  the  Surveyour  Gen''ll  or  his  Deputie 
vpon  demand  of  the  same,  at  such  place  as  he 
shall  Appoint. 

Daniel  Denison 
Jos  :  Hills 
Edw  Johnson 


OF   THE    STATE    OF   MAINE.  53 

Petition. 

To  the  much  honoured  Court  held  at  Boston  y®  IS**"  of  y® 
3^53. 

The  humble  petition  of  the  luhabbitants  in 
the  Isles  of  Showles 
Shewcth 

That  whereas  wee  the  said  Inhabbitants  liveing  so  remote 
from  the  neighbour-to wnes  vpon  the  Maine,  and  having 
thereby  allready  sustained  much  wronge  through  want  of  a 
power  deputed  amongst  our  selues  to  help,  whom  it  may 
concerne  to  their  due  Debts,  and  findinge  alsoe  by  vnsutable 
wind  &  weather  that  wee  cannot  (vpon  occasion)  visite  the 
Cour[t]  that  wee  might  enjoy  the  benefitt  of  the  Law,  to 
recover  our  owne,  in  a  way  of  righteousnes.  Wee  therfore 
vpon  such  like  reasons,  doe  think  it  our  dutie  to  make  peti- 
tion to  this  much  honoured  generall  Court  that  you  mought 
be  pleased,  to  take  our  condition  into  your  serious  and  sage 
consideration,  &  to  grant  vs  the  previledge  of  a  Townshipp 
as  forre  as  your  wisdomes  shall  thinke  vs  capable,  as  that 
we  may  have  amongst  vs  a  Clarke  of  the  writts,  &  some 
others  authorized  to  have  the  hearing  &  issueing  of  such 
causes  as  may  fall  out,  vnder  the  sunime  of  Ten  pounds  wee 
finding  as  wee  suppose  vnder  your  favour,  more  neede  of 
such  a  previledge  then  our  neibour-townes,  forasmuch  as 
some  of  our  transient  ones,  as  it  may  fall  out,  they  cannot 
tarrie  vntill  their  causes  may  be  issued  elsewhere.  Alsoe, 
may  it  please  this  honoured  Court  to  take  notice  that  our 
situation  is  such,  as  many  times  wee  necessarilie  shall  not  be 
able  to  Joyne  with  our  neibours  in  militarie  af^iircs,  through 
vnseasonrble  weather,  without  great  hazard  or  damage  to 
our  selues.  Our  request  is  therfore,  that  you  would  be 
pleased  to  make  vs  a  distinct  company  in  that  respect,  wee 
being  vpwards  of  a  hundred  men  at  this  time,  &  that  our 
loving  friends  John  Arthus  Lieut :  &  Willia  Scely  Ensigne 


54  DOCUMENTARY   HISTORY 

SO  chosen  amongst  vs,  to  beginne  that  service,  they  mought 
be  instaled  into  such  places,  for  the  benefit  of  the  rest, 
according  to  your  order.  Thus,  wee  nothing  doubting,  that 
yee  will  be  pleased  to  pass  by  any  of  these  vnsutable  expres- 
sions, &  grant  vs  whatsoever  your  discretion  shall  see  mostly 
conduceing  to  our  best  good.  Wee  (for  your  fatherlie  ceare 
allready  enjoyed,  &  yet  expected)  doe  account  our  selues  in 
bounden  dutie  to  be  ready,  to  doe  you  any  service  to  our 
abilitie,  &  to  make  supplications  yet  in  your  behalfe,  for  the 
further  influence  of  the  holie  ghost  vpon  your  hearts,  in 
those  approaching  &  all  after  agitations,  for  his  owne  glory, 
with  his  churches  wellfare.  Wee  now  humblie  take  our 
leave,  &  subscribe  in  the  name,  &  with  generall  consent 
Hercules  Hunkins  John  Arthor 

Rice  Cadogan  Edward  Smale 

Sarauell  Jewell  Benjamin  Bickford 

Eice  Joanes  Phillip  Babb 

William  Sealy  Peeter  Gee 

William  Vren  Walther  Mathews 

Peter  Twisden  Eichard  Sealy 

John  bickford  Houmphry  Horewell 

John  Bretnell  Matthew  Giles 

John  fabiues  George  Sealy. 

The  Deputyes  thinke  meete  that  the  petition^^  be  grauuted 
liberty  of  determining  Civill  actions  which  shall  concerne 
them,  where  either  one  or  both  partyes  are  inhabitants  & 
taken  there  to  the  value  of  ten  pounds,  &  that  m""  Brion 
Pendleton  m'  Nicholas  Shapley  Hercules  Hunkins  Eichard 
Seely  &  Phillip  Babb  be  Comission'^  for  such  cases,  &  y^ 
they  or  any  three  of  them  m""  Pendleton  or  m""  Shapley  being 
one  may  here  &  determine  all  such  cases  legally  brought 
before  them  according  to  law  till  this  court  take  further 
order  therein,  &  for  settleing  of  the  military  officers  &  Com- 
pany The  Court  hath  already  gvided  in  that  case  in  their 


OF   THE    STATE    OF   MAINE.  55 

order  for  toe  settling  of  the  militia  made  Amlo  1652  which 
giues  the  Chief  officers  of  euery  Company  power  to  act 
herein  &  for  Clark  of  the  writts  none  being  p^'sented  its  left 
to  the  discretion  of  the  Coi5iission'"s  afforesd  or  the  major  pte 
of  them  to  appoynt  a  meet  man  for  y®  service  till  the  Court 
take  further  order  therein  Voted  by  the  Depu'^  who  desire 
the  consent  of  o""  hon'*^  magis**  hereto 

William  Torrey  Cleric. 
The  magis*^  Consent  hcereto 

Edward  Rawson  Secret. 


A  coi^y  of  y^  entry  of  y'^  Accon 

M"  Josepth  Mason  Agent,  or  Attorney  of  m'  Ann  Mason 
of  London  y^  sole  Executrix  of  Cp*  John  Mason,  plaintiff 
ag*  m""  Richard  Leader  defend  :  in  an  accohl  of  trespass  vppon 
y*^  case  for  building,  &  erecting  certaine  houses  on  o*'  lands 
att  Newitchewanicke  in  y^  province  of  Maine  &  for  dispose- 
ing  of  o"'  goods  vv"*  out  licence,  &  for  cutting  downe  o""  tim- 
ber there  to  erect  a  saw  mill  in  o''  antient  possessed  place 
wheron  Avee  formerly  began,  &  doe  intende  to  gceed  in  y** 
like  worke  imediately 

Vera  Copia  p  me  Tho  :  Bradbury  rec. 

A  co])pie  of  y'^  AttachemK 

To  y""  Marshall  of  Hampton  or  his  Deputie.  By  vertu 
herof  you  are  requiered  to  attache  y*^  goods  or  for  want 
therof  y"  l)ody  of  m'  Richard  Loader,  &  to  take  bonde  of 
him  w^""  suffitient  suertie  or  suerties  to  y''  vaUue  of  one 
thousand  pounds  so  as  hee  may  psonally  appearc  att  y"  next 
Court  held  att  Salisbury  to  answer  y"  complaint  of  m° 
Josepth  Mason  y"  agent  or  Attorney  of  Cp^  .John  Mason, 
l)laiiitiir  in  an  accofi  of  trespass  v})pon  the  case  for  building 


56  DOCUMENT AEY   HISTORr 

&  erecting  certaine  houses  vppon  o""  lands  att  Newitchewa- 
nick  in  y®  gvince  of  maine  &  for  disposeing  off  o""  goods  w**" 
out  licence,  &  for  cutting  downe  o^  tymber  there  to  erect  a 
Saw  mill  in  o''  ancient  possessed  place  wheron  wee  formerly 
began,  &  do  intend  to  pceed  in  y*'  like  worke  imeadiately 
herof  faile  nott,  &  to  make  a  true  returne  hereof  vnder  yo"^ 
hand  Dated  y^  (2'^)  of  y"^  (lO*'^)  m"  (1651) 

by  y'-  Court  Robert  Tucke 
Vera  Copia  p  me  Tho  :  Bradbury  re6. 

Know  all  men  by  these  p^sents  y*^  wee  Richard  Leader  & 
Richard  Cutts  both  of  gent  do  binde  ©""selues  o''  heires  & 
Executo*^^  to  Tho  :  ffilbrick  y'^  marshall  of  Hamptons  deputy 
in  a  thousand  pound  vppon  condicofil  that  y®  sayd  Richard 
leader  gent :  shall  psonally  appeare  att  y®  next  Court  to  be 
holden  att  Salisbury  to  answer  m®  Josepth  Mason  y®  Agent 
or  Attorney  for  nf  :  Ann  Mason  of  London  in  an  accoQ  of 
trespass  vppon  y®  case  accordingly  as  in  y®  Attachem*  is 
more  fully  expressed,  &  to  abide  y*"  order  of  j^  court  therin 
&  not  to  depart  without  licence  : 

In  witness  wherof  wee  haue  hervnto  sett  o""  hands  this  (i2) 
of  y«  (iO"^)  m°:   (i65i) 

John  Webster  Rich  :  Leader 

Rich :  Cutts 
Vera  copia  p  me  Tho  :  Bradbury  rec. 

A.  coppie  of  y^  court  Order. 

In  y®  case  of  m''  Josepth  Mason  plaintiff  ag*  M""  Richard 
Leader  defend  for  a  trespass  done  vppon  certaine  lands  lijng 
att  Newitchewanick,  the  defendant  pleading  the  accofi)  nott 
beelong  to  y®  cognizance  of  this  court  because  y®  cause  of  y** 
accofil  doth  nott  arise  w'^*'  in  the  Jurisdiccofl  of  this  court ; 
and  y*^  plaintiff  on  y®  contrary  affirming  &  pleading  y"^  accofi! 
to  belong  to  y^  cognizance  of  this  court :    And  this  court 


OF   THE    STATE    OF   MAESTE.  57 

takeing  notice  of  a  comission  granted  by  y''  last  gefil :  Court 
to  select  members  of  y^  sayd  gen :  Court  to  treat  &  order 
concerning  certaine  lands  lijiug  to  the  Eastward,  wherof  wee 
are  informed  this  to  bee  a  part  as  supposed  to  be  w*^  in  y^ 
line  of  o""  pattent.  This  Court  therfore  (the  p''mises  consid- 
ered) thinke  meet  to  referr  y°  consideracofil  &  determinacofil 
of  y*"  case  to  y*"  next  gen  :  Court,  and  doe  order  y''  pties  to 
attend  their  cause  the  (3'')  day  of  y*'  first  Sessions  of  y°  sayd 
court  att  one  of  y*^  clock  in  y^  afternoone  : 

Vera  Copia  p  me  Tho  :  Bradbury  rec  : 

Bee  it  knowne  vnto  all  men  by  these  p^'sents  that  wee 
Josepth  Mason  Agent  to  m^  Ann  Mason,  &  Thomas  ffilbrick 
sefil  of  Hampton  doe  binde  o''  seines  o''  heires,  Executo^* 
Admiuistrat®^  &  Assignes  vnto  Robert  Tuck  clarke  of  y^ 
writts  for  Hampton  in  y^  behalfe  of  this  governi*  in  y''  full  & 
intire  some  of  tenn  pound  vppon  condiccoul  that  y''  sayd 
Josepth  Mason  shall  psecute  his  accofil  in  y®  behalfe  of  m^ 
Ann  Mason  of  london  ag'  m""  Richard  Leader  such  costs  as 
y^  court  to  bee  holden  att  Salisbury  y^  (2*^)  (3'')  day  of  y^ 
next  (2'')  m"  shall  allow  vnto  him  att  w""''  court  y*"  sayd 
accoh  is  to  bee  tried  as  hy  y^  attachm'  bareing  date  y"  (2'') 
of  y''  (10''')  m°  (i65i)  doth  appeare  to  y*^  pformance  whereof 
wee  haue  herevnto  sett  o'  hands  this  (2'')  of  y*"  (10'")  mo: 
(iGoi) 

Josepth  Mason 

The  marke  of  '^T^  Tho  :  ffilbrick  sefil. 
Vera  Copia  p  me  Tho  :  Bradbury  rec. 

The  Deputyes  haue  Chosen  Capt.  Lcuerctt  Capt.  Johnson 
&  nV  Joscj)!!  Hills  to  be  a  coiTiittce  to  Joync  with  some  of  o"" 
lloiio"'  niagiists  which  they  desire  may  be  Chosen  to  heare  & 
cxaiuinc  the  Case  betweene  m*'  Josei)h  Mason  &  nr  Leader 


58 


DOCUMENTAKY   HISTORY 


&  to  make  returne  thereof  to  the  Court  &  desire  the  Con- 
sent of  o'  hon''^  magists-  hereto. 
8  (7)  52  William  Torrey  Cleric 

The  dep*  Godno""  &  m'"  Symouds  is  Appointed  to  Joyne 
w"^  this  comittee  : 

Edw  :  Eawson  Secret. 
The  magistrates  thinke  meete  to  heare  this  case  betweeue 
m'  Mason  &  m^  Leader,  at  one  of  y*"  clock  in  the  after  noone. 
with  reference  to  y®  consent  of  o""  brethren  the  Deputies.  . 

Jo  :  Endecott  Goul 
The  Deputs  Consent  herevnto  pvided  that  all  partys  whom 
it  Concernes  be  ready  for  to  haue  the  Case  heard 

William  Torrey  Cleric. 

Wheare  as  Ann  Action  of  trespas  was  Commenced :  by 
Joseph  Mason  Agent  of  mis  Ann  Mason  of  London  plaintiife 
against  m""  Richard  Leader  defendant  for  trespas  doun  vppon 
theyr  Lands  att  Newichwameck  and  brought  heather  to 
Boston  the  last  yeare  att  the  generall  Cort  of  Ellection  Ann" 
1652,  and  thare  Referred  to  the  first  sessions  of  this  Court 
houlden  in  Ann°  1053  it  is  now  the  humble  Request  of  vs 
Joseph  ^Nlason  and  Thaddeus  Riddan  Agents  of  the  plaintiffe 
&  defendant  that  the  Deterrainato  of  the  actio  may  be  Re- 
speted  vnto  the  next  sessions  of  this  generall  Court  and  then 
to  bee  tryd  to  w'^'^  agreement  wee  haue  here  vnto  Subscribed 
our  hands  the  27'^  may  1653. 

Joseph  Mason 
Thaddeus  Riddan 
The  magistrates  are  Avell  content  heerew*"^  w*'^  reference 
to  the  consent  of  o^  brethren  the  Deputies. 

Edward  Rawson  Secret. 
The  Deputyes  doe  freely  Consent  hereto 

William  Torrey  Cleric. 


OF    THE    STATE    OF    MAINE.  59 

Whereas  the  Gennerall  Courite  holden  at  Boston  in  Octo- 
ber last  graunted  m"^  Niccolas  Shapley  protection  for  one 
yeere  freely  to  Come  into  the  Jurisdiction  of  the  Massachu- 
setts and  to  Retourne  to  his  owne  house  without  molestation 
Wee  the  Comission'^s  Appointed  by  the  said  Courte  to  setle 
the  Civil!  Gouernment  at  Kittery  &c  vppon  the  Request  of 
the  said  m'"  Shapley  have  thought  meete  and  accordingly 
graunted  that  no  former  Judgement  or  execcution  formerly 
obteined  by  any  Creditor  in  any  Court  of  the  massachusetts 
against  the  said  m''  Shapleigh  shall  be  of  force  against  his 
person  for  one  yeere  from  the  date  of  the  said  protection 
notw"'standing  the  place  of  his  habitation  is  w^'^in  the  Juris- 
diccon  of  the  massachusetts  aforesaid. 

Provided,  NeGthelesse  that  this  priviledge  &  protection 
now  graunted  shall  not  barre  or  lett  any  person  whatsoeuer 
from  sueing  or  recouering  by  law  any  debt  due  by  bond  bill 
or  otherwise  from  the  said  m""  Shapley  vppon  a  new  accon 
either  in  the  County  Court  of  Yorke  or  Kittery  or  w'"  in  the 
Jurisdiction  where  any  such  Creditor  may  Inhabitt,his  per- 
son still  to  be  free  from  Restraint  for  the  tcrme  aforesaid, 
Given  at  Kittery  vnder  o""  hands  this  24^''  Nouember.  1652. 

20  Nouber  52 

Thomas  Dunston  and  Robert  Mendam  were  chosen  and 
sworne  Counstables  for  the  Towne  of  Kittery. 

Phillip  Babb  of  Hogg  Hand  was  Appointed  and  Author- 
ized Constable  for  all  y*^  Hand  of  Shoales  Starr  Hand 
excepted./ 

m'  Hugh  Gunnison  was  licensed  to  keepe  an  ordinary  and 
to  sell  wine  and  strong  water  and  for  one  yeere  he  is  to  pay 
but  twenty  shillings  the  Butt. 

Wiu;r(!as  the  Gennerall  Court  holden  at  Boston  in  octobe"" 
last  hath  Appointed  and  Authorized  vs  whose  names  are 
vndcrwritten  to  Setle  the  Ciuill  Gouernment  in  this  place 


60  DOCUMENTARY   HISTORY 

of  Kittery  now  in  y^  County  of  Yorkeshire  as  by  theire 
Comissiou  vnder  the  Seale  of  this  Colonie  Dat  28*'^  of  the 
aforesaid  October  doth  or  may  Appeare  Wee  therefore  the 
said  Comissioners  w*''  the  free  and  full  consent  of  the  Inhabi- 
tants of  Kittery  haue  an^  heereby  doe  Constitute  and 
Appointe  the  Eight  trusty  m'"  Brian  Pendleton  m""  Thomas 
Withers  and  m""  Hugh  Gunnison  as  an  Associate  &  Invested 
them  w"'  full  power  and  Authoritie  together  w"'  one  Asis- 
tant  of  the  Gouernment  of  the  Massachusetts  to  keepe  one 
County  Court  at  Kittery  and  euery  one  of  these  Comission- 
ers hereby  haue  magistralticall  power  to  heare  and  deter- 
mine smale  Cawses  like  as  other  magistrates  that  are  Asis- 
tants  haue,  whither  they  are  of  a  Ciuill  or  Criminall  nature, 
Also  Power  is  hereby  Giuen  to  the  said  Comission'"s  and 
Associate  Assembling  together  betweene  the  County  Courts 
to  heare  and :  determine  w^'^out  a  Jury  in  y''  said  Towne  any 
Cawse  not  exceeding  tenn  pounds,  any  of  the  Comissioners 
may  grant  sumons  or  Attachments  and  execution  if  neede 
llequire  Any  of  the  said  Comissioners  heereby  have  power 
to  examine  offenders  to  Comitt  to  prison  vnless  baile  be 
given  and  taken  Also  each  of  these  Comissioners  haue 
heereby  power  when  they  shall  judge  needefull  to  binde 
offendors  to  the  peace  or  good  behauiour  :  Also  each  of  these 
Comissioners  haue  heereby  power  to  Administer  oathes 
according  to  lawe.  Also  marriage  shall  be  solemnized  by  any 
of  the  Comission"  according  to  lawe.  Also  the  County  Court 
shall  Appointe  a  shire  Treasurer  to  whom  fines  &  matters  of 
the  like  nature  are  to  be  accompted  and  paid  for  the  vse  of 
the  Countye  Also  any  of  the  said  Comissioners  may  admin- 
ister the  oath  to  such  of  the  p''sent  Inhabitants  as  shall 
desire  to  be  made  free.  Also  two  of  these  Comissioners  may 
till  other  order  be  taken  graunt  or  Renew  licenses  for  ordi- 
naries or  selling  wine  or  strong  water.  Aso  two  of  the  said 
Comissioners  hereby  have  Authoritie  to  Impower  millitary 
officers    vnder   the    degree   of   a    Captaine   Also   power   is 


OF   THE    STATE    OF   MAINE.  61 

heereby  given  to  two  of  the  said  Comissioners  and  they  are 
Required  to  eujoyne  the  Toune  of  Kittery  to  procure  the 
books  of  lawes  and  such  also  as  are  not  as  yett  printed  & 
enacted  since  the  last  booke  Came  forth  in  print  and  It  is 
intended  that  both  Grand  Juries  and  Juries  for  triall  shall 
be  suinoned  for  the  County  Court  out  of  Yorke  &  Kittery 
proporconably.  Giuen  vnder  our  hands  at  Kittery :  this 
twentieth  day  of  Nouember  1652. 

Symon  Bradstreet. 
Samuel  Symonds  : 
Tho  Wiggin  : 
Brian  Pendleton. 

The  Retourne  of  the  Coinissioners  who  vppon  the  Comis- 
sion  Graunted  by  the  Gennerall  Courte  bearing  date  28*"^ 
of  October  1652  viz  M"^  Symon  Bradstreete  m'"  Samuell 
Symonds  Cap^  Thomas  Wiggin  and  m''  Brian  Pendleton  In 
order  to  theire  Comission  after  they  had  binn  at  Kittery 
Repaired  to  Accomenticus  or  Gorgiana  :  And  Sumoncd  the 
Inhal)itants  thereof  to  Appeare  before  them. 

"Whereas  the  Gennerall  Court  holden  at  Boston,  in  the 
last  month  did  Appointe  vs  whose  names  are  heerevnder 
written,  as  by  theire  Cofnission  vnder  the  Seale  of  the  Col- 
onic of  the  Massachusetts  doth  or  may  appeare  by  SuiTions 
to  Assemble  the  Inhabitants  of  this  Toune  together,  in  some 
place  which  wee  shoued  Judge  most  Convient,  and  to  declare 
vnto  them  our  Just  right  and  Interest  to  and  Jurisdiccon 
ouer,  the  tract  of  land  where  yo"'  Inhabitte,  Requiring  theire 
Subjection  therevnto  Assuring  them  they  shall  enjoy  equall 
protection  and  priviledge  w"'  themselves  :  This  is  therefore 
to  desire  yo"'  and  in  the  Name  of  the  governcment  of  the 
Massachusetts  to  Reciuire  yo'''  and  euery  of  yo'""  to  Assemble 
toirether  before  vs  at  the  house  of  Niccohis  Davis,  betweene 
seven  and  eight  of  the  clocke  on  Monday  next  in  the  fore- 


62  DOCUMENTARY    HISTORY 

noone,  to  the  end  aforesaid,  and  to  setle  the  Gouernment 
amongst  yo"^  which  wee  hope  will  tend  to  the  glory  of  God 
and  to  the  peace  &  welfare  of  the  whole. 

Dat ;  20"^  Day  of  Nouember  1652  subscribed. 

Symon  Bradstreete 
Samuell  Symonds. 
Tho  :  Wiggin 
Brian  Pendleton. 
And  was  directed  to  m""  Niccolas  Dauis 
&  m"^  Jn°  Davis  who  were  Required' 
and  Authorized  to  warne  the  Inhabi- 
tants abovesaid. 

Vppon  the  22'^''  of  Nouember  1652  the  Coinissioners  held 
theire  Court  and  the  Inhabitants  Appeared  and  after  some 
time  spent  in  Debatements  and  many  questions  Answered 
and  objections  remooved  w*''  a  full  &  Joynt  Consent 
acknowledged  themselves  subject  to  the  gouernment  of  the 
Massachusetts  in  New  England  :  only  m''  Godfrey  did  for- 
beare  vntill  the  vote  was  past  by  the  Rest  and  then  Imedi- 
ately  he  did  by  word  &  vote  expresse  his  Consent  also  The 
names  of  those  y'  tooke  y®  oath  of  freemen  were 
m"^  frauncis  Raine  Mary  Topp  acknouled  only. 

Tho-  Crockett.  Edw.  Wentom 

Jn°  Alcocke  Georg  Beanten. 

W"^  Dixon  m"^  William  Hilton. 

Rice  Codagone  William  Moore 

George  Parker.  Henry  Donell 

Andrew  Evered.  Edward  Stirt 

Rob*  Knight.  Rowland  Young 

W°*  Rogers  Jn°  Parker 

Sam  :  Alcocke  Arthu""  Bragdon. 

Joseph  Alcocke  Jn°  EUingham 

Peter  Wier  Jn°  Tuisdale  sen'' 

Phillip  Adams  Tho  Courtous 


OF   THE    STATE    OF   MAINE.  63 

m''  Edward  Godfry  Siluester  Stouer. 

Lewis  Tho  Dennell 

Rob'  Edge.  m""  Edward  Rushworth 

Phillip  Hatch  Jn°  Harker 

Jn°  Davis-  Niccolas  Davis 

Xiccolas  Bond  Sampson  Angier. 

m''  Edw  :  Jn"sou  m''  Henry  Norton 

Hugh  Gaile  Rob*  Hetherse 

Willm  Garnsey  W"^  ffreathy 

Rich.  Bankes.  Jn**  Davis 

Jn°  Tuisdall  Jun''  m""  Jn°  Gouge 

m^  Abra  :  Preble  m'"  Tho.  Wheelewris-ht 

The  Comission's  (soone  after)  graunted  vnto  them  Seuer- 
all  p'iviledges  &  liberties  subscribed  vnder  theire  hands  the 
same  w*=''  they  Graunted  to  y^  Inhabitants  of  Kittery  w'^ 
these  Additions,  viz. 

tfurther  wee  the  Comissioiiers  Aforesaid  Doe  Consent  and 
Agree  that  the  Toune  now  Called  Accomenticus  shall  hence- 
forth be  Called  Yorke. 

And  that  one  Court  shall  be  kept  yearely  in  the  said 
Toune  by  such  magistrate  or  magistrates  and  other  Couiis- 
sioners  as  the  Gennerall  Court  of  the  Massachusetts  shall 
from  time  to  time  Appointe  and  for  the  p'^sent  by  such  Com- 
issioners  as  shall  be  Authorized  by  the  aforesaid  Comission- 
ers  of  the  Massachusetts,  which  Court  shall  haue  the  same 
power  for  triall  of  Cawses  Ciuill  or  Criminall  Arising  in  the 
County  of  yorke,  as  other  County  Courts  haue  in  the  Massa- 
chusetts Jurisdiccofil. 

4  That  such  of  the  present  Inhabitants  as  shall  take  the 
oath  of  freedom  shall  ])e  thenceforth  capable  of  giving  their 
voate  for  the  choise  of  Gouernor  Asistants  and  other  Gen- 
nerall officers  and  of  being  chosen  to  any  of  the  aforesaid 
places  of  honnor  and  trust 


64  DOCIBIENTARY   HISTORY 

5  Itt  is  further  Agreed  that  the  Inhabitants  of  Yorke  and 
Kettery  shall  sett  out  theire  bounds  betwixt  them  and  the 
Inhabitants  of  Wells  and  Yorke  shall  sett  out  theire  bounds 
betwixt  them  w"^  in  one  yeere  now  next  ensuing  otherwise 
it  shall  be  donue  by  Comissioners  Appointed  by  the  Gen- 
nerall  Court  and  the  head  lyne  of  yorke  bounds  into  the 
Countrie  shall  be  in  a  streight  lyne  by  the  South  East  Side 
of  a  certaine  pond  about  two  miles  into  the  Country  beyond 
the  Northerly  branch  of  a  Certaine  marsh  now  Improoved  by 
some  of  the  Inhabitants  of  yorke  and  so  to  the  devission 
lines  betwixt  the  Tounes  before  mentioned  and  if  it  so  fall 
out  that  any  parte  of  the  marishes  now  reputed  to  belong  to 
yorke  and  Improoved  by  the  Inhabitants  thereof,  shall  fall 
w"^in  Kittery  bounds  yett  the  said  propriety  of  the  said 
marish  shall  belong  to  the  Inhabitants  of  Yorke  to  whom  it 
is  Graunted  and  if  any  of  the  lands  or  marishes  now  Reputed 
to  belong  to  Kittery  and  Improoved  by  any  of  the  Inhabi- 
tants thereof  shall  fall  w^'^in  the  bounds  of  York  yett  the 
propriety  of  the  said  land  or  marish  shall  belong  to  such  of 
the  Inhabitants  of  Yorke  or  Kittery  to  whom  it  is  graunted./ 

Symon  Bradstreete. 
Samuell  Symonds 
Thomas  AYiggin 
Brian  Pendleton. 

Att  the  same  Court  held  at  yorke  the  22  of  Nouember  1652 
m'  Niccolas  Davis  was  chosen  and  sworne  Constable. 
M""  Edward  Rushworth  was  chosen  Recorder  &  desired  to 

exercise  the  place  of  Clark  of  the  writt. 

m''  Henry  Norton  was  chosen  marshall  there 
Jn°  Davis  was  licensed  to  keepe  an  ordinary. 


OF   THE    STATE    OF   MAIXE.  65 

Then  was  the  Comission  graunted  to  y®  Gent,  of  yorke  as 
folio  we  th  viz./ 

Whereas  the  Gennerall  Courte  holden  at  Boston  in  Octob  ; 
last  hath  Appointed  &  Authorized  vs  whose  names  are 
vnderwritten  to  Setle  the  Ciuill  Gouernment  in  this  place 
now  called  yorke  in  the  County  of  Yorkshire  as  by  theire 
Comission  vnder  the  Scale  of  this  Colony  Dat.  28""  of  the 
Aforesaid  octob^  doth  or  may  Appeare  :/  Wee  therefore  the 
said  Comissioners  with  the  free  &  full  Consent  of  the  Inhab- 
itants of  the  said  Toune  haue  and  heereby  Doe  constitute  & 
Appointe  the  Right  Trusty  m"  Edward  Godfrey  m*"  Abraham 
Preble  and  m'  Edward  Rushworth  Comissioners  Invested 
w*''  full  power  and  Authoritie  together  w'*'  one  Asistant  of 
the  Gouernment  of  the  Massachusetts  to  keepe  one  County 
Court  yearely  at  yorke  and  euery  of  these  Comissioners 
heereby  have  magistratticall  to  heare  and  determine  smale 
cawses  like  as  other  magistrates  that  are  Assistants  haue ; 
whither  they  are  of  a  Ciuill  or  of  a  Criminall  Nature  Also 
power  is  heereby  given  to  any  three  of  the  said  Comission'"s 
Assembling  together  betweene  the  County  Courts  to  heare 
and  determine  (w^^out  a  Jury)  in  y®  said  Toune  and  Cawse 
not  exceeding  ten  pounds  Any  of  the  Comissioners  may 
Graunt  Sumons  or  Attachments  and  execcution  if  neede 
Require  :  Any  of  the  said  Comissioners  heereby  haue  power 
to  examine  ofFendors  to  Coraitt  to  prison  vnlesse  baile  be 
given  and  taken  :  Also  each  of  these  Comissioners  have 
heereby  power  to  minister  oathes  according  to  lawe  Also 
any  of  the  Comissioners  have  heereby  power  when  they 
shall  Judge  needefuU  to  bind  ort'endors  to  the  peace  or  good 
behauio'.  Also  marriage  shall  be  solemnized  by  any  of  the 
Comissioners  according  to  lawe  Also  the  County  Court  shall 
Appoint  a  Shire  Treasurer  to  whom  lines  &  matters  of  the 
like  nature  are  to  be  accoumpted  and  paid  for  the  vso  of  the 
County  Also  any  of  tiie  said  Comissioners  may  minister  the 
oath  to  such  of  the  present  Inhabitants  as  shall   l)e  made 


66  DOCUMENT AEY  HISTORY 

free  :  Also  two  of  these  Comission"  may  till  other  order  be 
taken  graunt  or  Renew  licenses  for  ordinaries  or  sellino; 
wine  or  strong  water  Also  two  of  the  said  Coniissioners 
heereby  have  Authoritie  to  Impower  millitary  officers  vnder 
the  degree  of  a  Captaine  Also  power  is  heereby  Given  to 
two  of  the  said  Comission".  and  they  are  Required  to 
Injoyne  the  Toune  of  Yorke  to  procure  the  books  of  lawes 
and  such  also  as  are  not  yett  printed  and  enacted  since  the 
last  booke  Came  forth  in  print  and  Itt  is  Intended  that  both 
grand  Juryes  &  Juries  for  triall  shall  be  sumoned  for  the 
County  Court  out  of  Yorke  and  Kettery  proporconably. 
Giuen  vnde''  ou''  hands  at  York  this  23*^''  of  Nouembe"^  1652 

Symon  Bradstreet 
Samuell  Symons 
Thomas  Wiggin 
Brian  Pendleton 
The  magis'^  hauing  veiwed  this  Retourne  of  y^  Comis- 
sione"  at  Kittery  &c  doe  Approove  thereof  and  orders  that 
due  &  harty  thanks  by  this  Court  be  Rendered  to  them  for 
theire  paines  &  service  therein  w'^  such  meete  Recompence 
as  theire  bretheren  the  Depu*'  shall  Judge  meete  Desiring 
theire  bretheren  the  Depu**  to  Consider  thereof  &  to  Con- 
sent heereto 

Edward  Rawson  Secret :/ 
I't  June  1653/: 

The  Depu*'  thinke  meet  to  respit 
it  till  next  Session 

^ym  Torrey  CI : 
The  Deputyes  Doe  Concurre  with  o''  bono*"'*  magis*'  in  the 
first  part  of  this  returne  viz*  that  harty  thankes  be  rendered 
to  the  Comissiono"  for  their  paynes  herein  &  for  further 
satisfaction  shalbe  willinge  &  ready  to  make  the  same  in  the 
graunt  of  some  land  to  each  of  them  respectiuely  when  any 
shalbe  p^sented  to  this   Court  if  o^  bono'""  magis'*  consent 

hereto 

William  Torrey  Cleric 


OF    THE    STATE    OF    MAINE.  67 

The  magis*^  Consent  hereto  but  desire  theire  bretheren 
the  Depu*'  to  determine  theire  proporcons  now  w'^'-  they 
shall  Consent  to. 

Edward  Rawson  Secret 


Commission  June  7.  1653. 


r^-^.*^ 


To  our  Trusty  and  well  beloved  ffreinds 
^  I^-  S  ^  Richard  Bellingham  Esq*"  Dep*  Gou- 

Jo :  End^tt  GoQ     ^""°"    ^^P*    ^^^^'^^    ^^^--^"    ^''^j^'" 
gennerall    Daniell    Denison    Edward 

Rawson  Secretary  and  m""  Brian  Pen- 
dleton : 
Wheras  yo"^  are  chosen  Comission'^^  by  this  Courte  to 
Setle  the  Ciuill  Gouernraent  amongst  the  Inhabitants  of 
Wells  Cape  Porpus  and  Saco  and  so  to  the  most  Northerly 
extent  of  our  Pattent  yow  or  any  three  or  more  of  yo^  are 
heereby  Authorized  and  Required  with  all  convenient  speed 
to  repaier  to  those  partes  and  thereby  Sumon  to  Assemble 
the  Inhabitants  together  in  some  place  which  yo'^  shall 
Judge  most  convenient  and  to  declare  vnto  them  our  Just 
rights  and  Jurisdiccon  ouer  those  tracts  of  land  where  they 
Inhabitt  Requiring  theire  subjection  therevnto  Assuring 
them  they  shall  enjoy  jequall  proteccon  and  priviledge  with 
ou""  selves  fFurther  wee  doe  heereb}'-  giue  and  Graunt  vnto 
yo"  any  three  or  more  of  yo'''  full  power  and  Authoritie  to 
sumon  and  keepe  a  court  or  Courts  there,  to  heare  and 
determine  all  cawses  Civill  and  Criminall  according  to  the 
power  and  Authoritie  of  ou""  County  Courts  to  nominate  and 
Appointe  Comissione"  Administer  oathes  to  them  and  Invest 
thoin  with  such  power  as  yo^selves  or  the  majo'  pte  of  yo'"", 
shall  Judge  ineete,  as  also  to  Api)oiiito  ajid  swearc  Coun- 
st'iblos  and  such  otljer  oflicors  as  yo"'  shall  Judge  necdefull, 


68  DOCUMENT AEY   HISTORY 

for  the  preservacon  of  the  peace,  to  Confirme  and  setle  pro- 
prieties to  graunt  priviledges  protections  and  Imunities,  and 
to  setle  the  Gouernment  there  And  further  to  Doe  and  Act 
in  the  p^'misses  or  anything  of  like  Nature  for  the  ends  afore- 
said ;  till  this  Court  shall  take  further  order  therein  ;  as  in 
yo'  wisdomes  and  discretions  yo"^  shall  Judge  most  to  Con- 
duce to  the  Glory  of  God ;  the  peace  and  welfare  of  the 
people  there  ;  and  the  maintenance  of  ou^  owne  Just  Rights 
and  Interest.  And  wee  doe  heereby  will  and  Requier  all 
magistrates  Comissione^s  Capts  and  all  other  officers  civill 
and  millitary  w"'  in  the  County  of  Norfolke  and  all  the 
Inhabitants  of  the  lie  of  Shoales  and  beyond  the  Riuer  of 
Piscatag  within  the  limitts  of  our  Pattent  to  be  Aiding  and 
Asisting  to  these  our  Comissioners  as  they  shall  see  cause 
to  Craue  or  Require  And  In  Confirmation  heereof  wee  haue 
Cawsed  the  Seale  of  ou'  Collonie  to  be  heerevnto  Affixed 
this  7">  of  June  1653;/ 

By  the  Cou'te  Edward  Rawson  Secret :/ 


Summons  June  7.  1653. 
To  y*  Inhabitants  of  Wells  so  called 

Whereas  the  Gennerall  Court  holden  at  Boston.  3'^  of 
June  1653.  hath  Appointed  &  Authorized  vs  whose  names 
are  heerevnder  written,  as  by  theire  Comission  vnder  the 
Seale  of  the  Collony  of  the  massachusetts  doth  or  may 
Appeare  hereby  to  Sumons  you  the  Inhabitants  of  Wells 
together  to  declare  vnto  you  our  Just  right  and  Interest  to 
&  Jurisdiccon  ouer,  the  tract  of  land  yo"^  Inhabitt  =  Requir- 
ing your  Subjection  there  vnto.  Assuring  that  you  shall  enjoy 


OF    THE    STATE    OF   MAINE.  69 

sequall  gteccon  and  priviledge  w*^  the  inhabitants  of  y^  bay. 
This  is  therefore  to  desire  yo''^  and  in  the  name  of  y®  Gou- 
ernraent  of  the  Massachusetts  to  Require  yo"^  and  euery  of 
yo^  to  Assemble  togither  befor  vs  at  the  howse  of  m'^  Joseph 
Emerson  the  4'^  of  July  next  to  the  end  aforesaid  &  to  y® 
peace  &  welfare  of  the  whole.     Dated  7"'  of  June  1653. 


Resolved  on  y^  Question 

Jn"  Birch  :/     Birch  :/ 

Summons. 
To  the  Inhabitants  of  Wells,  so  called 

"Whereas  the  Gennerall  Court  of  the  Massachusetts  held 
at  Boston  in  October  1652  did  by  theire  Comission  Author- 
ize and  Appointe  theire  trusty  &  well  beloved  m'^  Symon 
Bradstreet  m*"  Sanmell  Symon ds  Cap'  Thomas  Wiggins  w'^ 
other  gen*^  to  Sumons  y""^  to  Appeare  before  them  :  &  to 
setle  Ciuill  Gouernment  Amongst  yo"^  as  pte  of  the  Juris- 
diccon  of  the  Massachusetts.  &  By  Reason  of  Some  vrgent  & 
emergent  occasions  have  binn  hindred  hitherto  from  Coming 
to  yow  &  The  Gennerall  Court  Having  this  3"^  of  Juno  Con- 
ferred the  same  Comission  as  before  expressed  on  :  the 
Trust}'  &  well  beloved  Richard  BcUingham  Esq  Deputy 
GoEnor  Capt  Thomas  Wiggin  Majo*"  Gennerall  Daniell  Den- 
nison  m''  Edward  Rawson  and  m''  Bryan  Pendleton  or  any 
three  of  them  to  p'"osecute  the  ends  of  the  first  Recited  Com- 
ission ;  wee  therefore  whose  names  are  herevnder  written 
doe  heereby. 


70  DOCtnMENTAKY   HISTORY 

Petition  of  Thomas  Wiggin^S  /Simon  Bradstreet. 

To  the  Honied  General!  Court  now 
assembled  att  Boston, 
The  humble  petition  of  Thomas  "Wiggin  &  Simon  Brad- 
street 

Whereas  this  Court  was  pleased  to  graunt  to  y^  petition*** 
1000  acres  of  Land  &c  vpon  the  greate  Ryver  of  Newicha- 
waunock  for  the  vse  &  benefitt  of  o""  mill  there  It  is  o^"  hum- 
ble desire  that  the  Land  may  be  layde  out  by  Elder  Nutter 
&  Thomas  Cany  in  such  free  place  as  wee  shall  make  choise 
of  on  the  sd  Ryver,  &  wee  shall  pray  &c 

The  magis*^*  Judge  meet  to  graunt  the  peticoners  Request, 
if  theire  bretheren  the  Deput^  Consent  heereto 

Edward  Rawson  Secret 
27  May  1653. 

The  Deputyes  Cannot  Consent  here  to  but  Think  meet  to 
referr  this  &  m®  Broughtons  pet  herevnto  affixed  to  the  con- 
siderat  of  the  Comitee  for  the  pet.         W^  Torrey  Cleric. 

The  Deputyes  on  farther  Considerat  haue  graunted  this 
petition .  viz'  that  it  be  layd  out  in  a  ffree  place  not  Intrench- 
ing on  any  Towue  bounds  nor  pticular  mens  proprietie  nor 
hindering  a  plantation  with  reference  to  the  Consent  of 
o"^  hon'"'^  magis**  hereto 

William  Torrey  Cleric. 

Consented  to  by  y®  magis*^ 

Edward  Rawson  Secret 

Vpon  Examinacon  of  this  &  m''  Broughton  Petico  &  con- 
ference w**^  the  Peticoners  wee  find  them  willing  not  to 
intrench  vpon  one  another  but  that  Each  Peticoners  Inter- 


OF    THE    STATE    OF    MAINE.  71 

rest  may  take  place  Therfore  we  conceiue  the  Courts  grant 
to  m''  Bradstreete  &  Cap'  Wiggen  ought  to  be  confirmed 
taken  &  layd  out  as  is  by  them  desh"ed 

Daniel  Denison 
Jos  :  Hills  : 
Edw  :  Johnson 

In  Ans'"  to  the  peticoQ  of  S  :  Bradstreete  &  Capt  Wiggin 
the  Court  hath  ordered  that  Eld'  Nutter  &  Tho  :  Cany  shall 
lay  out  for  them  one  thousand  acres  of  Land  vpon  the  greate 
Ryv'  of  Xew'^^awanett  in  such  place  as  they  shall  make  choise 
of  not  intrenching  on  any  Towne  bounds  pticular  mens 
gpryeties  or  to  hind''  a  plantacoS- 

A  true  copie  E.  R.  S® 


Att  a  Court  held  at  Wells  the  i'""  of  July  1653  by  the 
Coiuission"  viz  Rich  :  Bellingham  Esq  Cap*  Tho  :  Wiggin 
Major  Gcnncrall  Danicll  Dennison  m'  Edward  Rawson  and 
Cap*  Brian  Pendleton  by  virtue  of  A  Coiiiission  to  them 
graunted  by  the  General  1  Court  of  the  Massachusetts  Col- 
lonie  Dated  the  1'^  of  June  1653. 


The  Inhabitants  of  Wells  being  called  according  to  their 
Suiiions  those  whose  names  are  here  vnder  written  made 
their  appearance  &  acknowledged  themselues  subject  to  the 


72 


DOCUMENTARY   HISTORY 


Gouernem*  of  the  Massachusetts  as  witnesses  their  hands 

this  4*'^  of  July  1653 

Joseph  Emerson 

Ezekiell  Knights  Jonathan  Thinge  was  appointed 

John  Gooch  &  sworne  Constable  for  one 

Joseph  BoUes  whole  yere  in  the  Towne  of 

Johuath  : }  Thino-  Wells  Dat  4^^  July  1653./ 


n 


his  m'^ke 
John  Barret  sefil 
his  ^  ffike 
these  tooke  y®  oath  of  freemen 
Jn°  Gouch  excepted 

the  5*^  day  of  July  1653  theis  the  Inhabitants  of  Wells 
Came  in  vnto  vs  &  subscribed  their  names  as  is  here  vnder 
written. 

Henerie  Boade 

After  the  seuerall  Inhabitants  of  Wells,  Saco  &  Cape  por- 
pus  had  subscribed  theire  subjections  The  Coiuissione''^ 
Judged  it  raeete  to  graunt  them  to  be  freemen  &  they  took 
theire  oathes  in  open  Court  accordingly :  5  :  July  1653. 

In  y®  Case  of  Jn°  Baker  The  Judgm*  of  y®  Court  is  y*  Jn** 
Baker  shall  be  bound  to  y^  good  behaviour  &  henceforth  that 
he  shall  not  preach  : 

Griifen  Montegue  was  chosen  &  sworne  Constable  for 
Cape  Porpus./ 

Morgan  Howell  of  Cape  Porpus,  Doth  acknowledge  him- 
self bound  in  ffifFty  pounds  to  y**  Treasurer  of  the  Countrie 
on  y®  Condicon  that  he  will  psecute  his  accon  against  Jn° 
Baker  at  the  next  County  Court  to  be  held  at  Yorke. 


OF   THE    STATE   OF   MAINE.  73 

The  Comissioner*  being  Informed  y*  Jn°  Smith  of  Saco  is 
necessarily  detained  from  Coming  to  yeeld  his  subjection  to 
this  Gouerument  &  y*  it  is  his  desire  to  subject  himself  to 
this  Gouerument  they  doe  grant  y*  on  his  acknowledgmiit 
of  subjection  to  y^  GoGment  any  two  of  y''  Comissione'^s  at 
Saco  may  &  hereby  have  liberty  to  give  him  the  oath  of 
freemen. 

The  like  liberty  on  y®  like  termes  is  graunted  to  y^  Comis- 
sioners  of  Wells  to  Administer  the  like  oath  to  Richard  Ball 
Rich  Moore  Jn°  Elson.  Arther  Wormestall  &  Edward 
Clarke. 

The  Comissioners  being  Informed  y*  Saco  is  destitute  of  a 
good  minister  w''^  is  much  desired,  that  due  Care  be  taken 
to  Attaine  the  same,  &  in  the  meane  time  that  theire  peace 
might  be  preserved.  They  doe  declare  &  order  Robert 
Booth  shall  haue  libe'tie  to  exce^'cise  his  guifts  for  y^  ^diffi- 
cation  of  the  people  there,  and  George  Barlow  at  the 
Request  of  sefirall  of  y®  Inhabitants  there  is  hereby  forbid 
any  more  publiquelj''  to  preach  or  prophecy  there,  vnder  the 
poenalty  of  teun  pounds  for  euery  offence :) 

Voted 


Return 

The  Retourne  of  the  Comissione'"s  who  vppon  the 
CoiTiission  Graunted  by  the  Genncrall  Court 
bearing  date  the  7"'  of  June  1653,  viz  Richard 
Bellingham  Esq*"  Cap^  Thomas  Wiggin  Daniell 
Dennison  Sarjan*  maj""^  Gennerall  Edward  Raw- 
son  Secret  and  m'"  Brian  Pendleton  In  Order  to 
theire  CoiTiission  Repaired  To  ^Vclls  &  sent  out 
Suiuons  to  the  Inhabitan'*  of  Wells  Saco  and 
Cape  Porpus  to  Appeare  before  them  :  the  4"'  of 
July.  1053. 


74  DOCiraiENTARY   HISTORY 

Wells.  4*^  of  July  1653  at  m'^  Emersons  house 
The  Comissione'"8  above  mentioned  by  vh'tue  of  their  Com- 
ission  held  and  kept  Court  there  and  Cawsed  the  Inhabitants 
of  Wells  by  name  pticcularly  to  be  Called  according  to  theire 
sumons  And   those  whose   names   are  heerevnder  written 
made  theire  Appearances  and  acknowledged  themselves  sub- 
ject to  the  Gouerument  of  the  Massachusetts  as  wittnesse 
theire  hands,  this  4"^  of  July  1653 
Joseph  Emerson     Ezekiell  Knights       Jn"  Gooch 
Joseph  Bolles         Jn°than  "7  Thing     Jn°  ^  Barrett  sen*" 

After  theire  subjection  The  Comission'"s  Judged  it  meete 
to  Graunt  them  to  be  freemen  and  accordingly  Administered 
the  oath  of  freemen  to  them  : 

And  for  the  better  effecting  the  ends  of  theire  Comission 
they  Appointed  Jn°than  Thing  to  be  Counstable  there  for 
one  whole  yeere  and  gave  him  the  Counstables  oath  accord- 
ingly. 

And  whilst  the  names  of  the  Inhabitants  of  Wells  were 
Calling  ouer  W™  Wardell  one  of  the  Inhabitants  there  Com- 
ing by  was  Called  to  Come  in  &  Ans'"  to  his  name  which  he 
Refused  &  Contemptuously  turned  his  backe  on  the  Court, 
for  Avhich  Contempt  The  Court  graunted  out  a  warrau*  to 
the  Counstable,  to  fetch  the  said  W""  Wardell  before  them 
to  Ans'  his  Contemp*  &  so  Adjourned  the  Court  to  m^  Eze- 
kiell Knights,  to  which  place  The  Counstable  brought  the 
said  Wardell.  The  Rest  of  the  Inhabitant*  of  Wells  Accom- 
panying him  The  Court  demanding  a  Reason  of  the  said 
Wardell  for  his  Contemptuous  behauio''  who  excused  himself, 
that  his  Intent  was  no*  to  Comtem,  the  Court  but  Rather 
to  endeavo*"  to  gett  the  Rest  of  the  Inhabitants  of  Wells,  that 
had  no*  Appeared  to  Come  in  &  make  theire  Appearances. 
The  Court  At  the  Reques*of  the  Inhabitants,  who  gmised  y® 
said  Wardell  should  be  forth  Coining  the  nex*  day,  Dismist 
the  said  Wardell  &  Adjourned  the  Court  till  the  next  day  8 
of  y'^  clocke. 


OF   THE    STATE    OF   MAINE.  75 

July  5^^  1653 

Att  which  time  the  Court  mett  Againe  And  the  Inhabi- 
tants of  AVells  were  Called  according  to  theire  Suinons  And 
Appearing 

AVee  whose  names  are  heerevnder  written  Inhabitants  of 
Wells  Doe  heereby  freely  acknowledge  ou'"selves  subject  to 
the  Gouernment  of  the  Massachusetts.  Wittnes  ou"^  hands 
this  5*^  of  July  1653 

Jn°  Wadley  Edmond  Litlefeild  Jn"  Saunders 
Henry  Boade  Jn°Bush  Robt  Wadly  ffrauncis  Litlefeild  sefl 
Jn"  Vrhite  Samuel  Austin  W"  Hamans  Jn°  Wakefeild 
W"'  Warden  Antho.  Litlefeikl  Jn°  Barrett  JuQ  Tho  Litlefeild 
Thomas  Mittes  Nicholas  Cole  W"  Cole 
flfrancis  Litlefeild  JuQ 

The  Court  at  y"  Request  of  these  Inhabitants  accepted  y^ 
submission  of  W™  Wardell  And  To  these  above  mentioned 
Also  the  Comissione's  Graunted  they  should  be  freemen  and 
in  open  Court  gave  them  the  freemans  oath  :  And  ffurther 

Whereas  the  Toune  of  Wells  hath  acknowledged  them- 
selves sul)ject  to  the  Gouernment  of  the  Massachusetts  bay 
in  New  England  as  by  theire  Subscriptions  may  Appeare  = 

Wee  the  Comissione''s  of  the  Gennerall  Court  of  the  Mas- 
sachusetts for  the  setling  of  the  Gouernment  amongst  them 
and  the  Rest  w"'in  the  bounds  of  theire  charter  Northerly  to 
the  full  and  Just  extent  of  theire  line  haue  thought  meete 
and  Doe  Actually  Graunt 

1  That  Wells  shall  be  a  Touneshipp  by  itself  and  alwaies 
shallbe  a  part  of  Yorkshire  and  shall  enjoy  protection  fequall 
acts  of  favor  and  Justice  w""  the  Rest  of  the  people  Inhabit- 
tiug  on  the  south  side  of  the  Riuer  of  Piscatacj,  w*''  in  the 
limitts  of  our  Jurisdiccon  and  enjoy  the  priviledges  of  a 
Towne  as  others  of  the  Jurisdiccon  haue  and  doe  enjoy  w"' 
all  other  libe''tios  and  priviledges  to  other  Inhabitants  in  our 
Jurisdiccon 


76  DOCUMENTARY   HISTORY 

2  That  eueiy  Inhabitant  shall  haue  and  enjoy  all  theh'e 
Just  proprieties  titles  and  Interests  in  the  howses  and  lands 
which  they  doe  possesse  whither  by  Graunt  of  the  Towne 
possession  or  of  the  former  Gennerall  Courts. 

3  That  all  the  p^sent  Inhabitants  of  Wells  shall  be  free- 
men of  the  Countrie  and  havins^  taken  the  oath  of  freemen 
shall  haue  libertie  to  give  theire  votes  for  the  Election  of 
the  gouerno^  Asistants  and  other  gennerall  officer's  of  the 
Countrie 

4  That  the  said  Toune  of  Wells  shall  haue  three  men 
Approoved  by  the  County  Court  from  yeere  to  yeere  to  end 
smale  cawses  as  other  the  Touneshipps  in  the  Jurisdiccon 
hath  where  no  magistrate  is  according  to  lawe,  and  for  this 
present  yeare  m""  Henry  Boade  m^  Thomas  Wheelewright  & 
m"^  Ezekiell  Knight  Are  Appointed  and  Authorized  Comis- 
sione'"s  to  end  all  smale  cawses  vnder  forty  shillings  accord- 
ing to  lawe  And  further  these  Comissioners  or  any  two  of 
them  are  and  shall  be  Impoured  and  Invested  w**^  full  power 
and  Authoritie  as  a  magistrate  to  keepe  the  peace  and  in  all 
Ciuill  Cawses  to  graunt  Attachments  and  executions  if  neede 
Require.  Any  of  the  said  Comissioners  haue  power  to 
examine  oiFendo^s  to  comitt  to  prison  vnlesse  baile  be  given 
according  to  lawe  And  when  these  or  any  of  these  shall 
judge  needefull  they  shall  haue  power  to  binde  offendors  to 
the  peace  or  good  behaviou"^  Also  any  of  these  Comissione^'s 
have  power  to  Administer  oathes  according  to  lawe  Also 
marriage  shall  be  solemnized  by  any  of  the  Comissioners 
According  to  lawe. 

Itt  is  further  heereby  Ordered  &  Graunted  that  for  this 
present  yeare  m.^  Henry  Boade  m^  Thomas  Wheelewright 
m*-  Ezekiell  Knight  Jn'^  Wadley  &  Jn''  Gooch  shall  be  the 
select  men  to  order  the  prudeutiall  Affaires  of  the  Toune  of 
Wells,  for  this  yeare. 


OF    THE    STATE    OF    MAINE.  77 

mr  Henry  Boade  m'  Thomas  Wheelewright  &  m"^  Ezekiell 
Knight  tooke  theire  Respective  oathes  as  Comissione's  or 
Associates  vse  to  do. 

Lastly  Itt  is  Graunted  that  the  Inhabitants  of  Wells  shall 
be  from  time  to  time  exempted  from  all  publick  Rates  and 
that  they  shall  alwaies  beare  theire  oune  charges  of  the 
Courts  &c  Arisino;  from  amono^st  themselues. 

rar  Joseph  BoUes  was  Appointed  Clarke  of  the  writts  to 
graunt  Warrants  Attachments  &c. 

m'  Ezekiell  Knight  is  Appointed  to  be  a  Grand  Jury  man 
for  the  Toune  of  Wells  for  one  yeere  &  tooke  his  oath 
accordingly : 

The  Cawse  betweene  Morgan  Howell  and  Jn"  Baker  is 
Continewed  &  Referd  to  be  determined  by  the  next  County 
Court  in  Yorkshire. 

Jn°  Baker  did  Acknowledge  himself  bound  in  twenty 
pounds  to  m''  Richard  Russell  Treasurer  of  the  Massachu- 
setts Jurisdiccon  on  this  Condicon  that  he  shall  Appeare 
before  the  next  County  Court  in  Yorkshire  to  Ans''  the  said 
Accon  or  Complaint  of  Morgan  Howell : 

6  July  53 

Seuerall  Articles  were  exhibited  against  Jn"  Baker  ffor 
Abusive  &  approbrious  speeches  vttered  by  him  against  the 
ministers  &  ministry  &  for  upholding  Private  meetings  & 
pphechying  to  y*"  hindrance  &  disturbance  of  Publick 
Assem)>liiigs  &c.  Some  of  which  being  prooved  Against  him 
he  tendered  voluntarily  to  desist  from  pphecying  publickely 
any  more. 

The  Court  proceeded  to  Censure  him  to  be  bound  to  the 
good  behauiou''  &  forbad  him  any  more  publicquely  to  preach 
w**"  in  this  Jurisdiccon. 


78  DOCUMENTARY   HISTORY 

Jn°  Bake*"  did  accordingly  Acknowledge  himself  bound  in 
twenty  pounds  to  m""  Richard  Russell  Treasurer  of  the  Mas- 
sachusetts on  this  Condicon  that  he  willbe  of  good  behaviour 
betweene  this  and  the  nex*  County  Cour*  and  make  his 
Appearance  at  the  said  Courte  if  he  be  w*''  in  this  Juris- 
diccon  :/ 

Wee  the  Comissione's  of  the  Massachusetts  for 
setling  the  Gouernment  at  Wells  Cape  Porpus 
and  Saco  being  Informed  of  seuerall  Differ- 
ences amongst  the  Inhabitants  of  Wells  w'^'' 
were  principally  occasioned  (as  was  professed 
in  the  Court)  by  those  that  called  themselves 
the  church  there  which  differences  wee  were 
very  desirous  to  Compose  and  therefore  were 
willing  to  be  Informed  of  the  proceedings  of 

there  being  but         ,  i?  ^i,    •  i"       u 

3pson8  ieft&  by     tuosc  psons  and  the  successe  oi  theu'e  church 
Wardens  w*  r      estate,  after  wee  had  heard  what  both  parties 

other   3    Confes-       r-\       ^  i  tv,i-r.i-  c  -riT-ni 

sioii  both  m' Tar-     Could  Say  w*""  the  Relation  of  m' Boade,  Jid- 
mot  &  Warden     ^^jq^^j    Litlcfcild    and    William    Wardell   wee 

were  dismist  from 

theire  church  Re-     Were  fuUy  sattisfied  that  theire  church  Rela- 

lac~on    at    theire       ^[q^  ^^g  disSolvcd  : 
owne  Request. 

Wherevppon  wee  Advised  them  to  desist  from 
further  Disturbance  of  the  place  by  Asserting 
theire  p'tended  Church  Relation  and  to  Apply 
themselves  for  the  future  to  some  other  Course 
which  might  Conduce  more  to  the  peace  and 
setlement  of  the  place  which  if  they  shall 
neglect  to  doe,  and  shall  Continew  theire 
vngrounded  Assertion  of  theire  church  Rela- 
tion wee  professe  ourselves  bound  to  beare 
wittnes  against  them  for  endangering  the  dis- 
turbance of  the  peace  and  welfare  of  those 
people,  vnto  whom  (wee  haue  Cawse  to  hope 
thro'  the  blessing  of  God)  our  endeavours  for 


OF   THE    STATE    OF    MAINE.  79 

theire  good  will  uot  proove  successless  And 
therefore  Doe  earnestly  desire  they  may  not 
be  Rendered  fruitless  by  those  especially  who 
professe  themselves  before  others  to  be  the 
children  of  peace./ 

The  Court  Also  proceeded  to  make  this  Protestation  w'^'^ 
was  by  the  marshall  publickly  publisht  : 

Whereas  wee  haue  declared  the  Right  of  the  Massachu- 
setts Gouernment  to  the  Tounes  of  Wells  Cape  Porpus  and 
Saco  and  the  Inhabitants  thereof  being  Svmoned  did  Ap- 
peare  before  vs  at  Wells  on  this  5th  of  July  1653,  and 
Acknowledged  themselves  subject  thereby  to  and  tooke  the 
oath  of  freemen  and  fidellitie  to  the  said  Gouernment  which 
by  vs  theire  Comissione''s  haue  Appointed  and  setled  a  Gou- 
ernment ouer  them  Wee  doe  therefore  heereby  Protest 
against  all  persons  whatsoeuer  that  shall  challenge  Jurisdic- 
con  or  excercise  any  Act  of  Authoritie  ouer  them  or  ouer 
any  other  psons  to  the  northward  Inhabitting  w"'  in  the 
limitts  of  our  patents  which  doth  extend  to  tSe  latitude  of 
forty  three  degrees  forty  three  minutes  and  H  of  northerly 
lattitude  but  what  shall  be  derived  from  vs  the  Comissione's 
or  the  Gennerall  Court  of  the  Massachusetts 

Given  vnder  our  hands  at  Wells  in  the  County  of  Yorke 
the  6*"  of  July.  1653.  &  signed 

Richard  Bellingham 
Tho  Wiggin 
Daniell  Dennison 
Edward  Rawson 
Brian  Pendleton 

Itt  was  Ordered  Also  that  tho  select-men  of  the  Toune  of 
Wells  shall  &  heereby  are  Impowred  to  Appointe  a  meete 
pson  to  kcepe  an  ordinary  thoro  for  entertaiuinont  of 
stranirera 


Thomas  Williams.  ***jf 


80  DOCUIVIENTARY   HISTORY 

Jn"  Saunders  &  Jonathan  thinges  as  serjants  are  Ap- 
pointed to  excercise  y^  souldiery  there 

Att  A  Court  held  at  Wells  by 
the  above  mentioned  Com- 
issione's  the  5^^  of  July  1653 

The  Inhabitants  of  Saco  being  by  name  pticcularly  Called 

made  theire  Appearances  according  to   theire  svmons  and 

those  whose  names  are  heerevnder  written  Acknowledged 

themselves  subject  to  the  Gouernment  of  the  Massachusetts 

as  wittnes  theire  hands  this  S**"  of  July  1653 

m''ke 

Richard  R  Hitchcock  Rob*  Booth 

William  Scadlocke       James  Gibbins 

Jn°  West  Peter  Hill  Christopher  Hobbs 

Richard  Cowman  Ralfe  Tristram      Henry  Waddocke 

Thomas  Roge's  Philliph  Hinckson       George  Barlow 

Thomas  Reading 

Thomas  Hale 

The  Comissione''s  Judged  it  meete  to  graunt  them  to  be 

freemen   and   Accordingly   gaue    them    the    freemans    oath 

which  they  tooke  in  open  Court  : 

And  whereas  the  Toune  of  Saco  hath  acknowledged  them- 
selves subject  to  the  Gouernment  of  the  Massachusetts  bay 
in  New  England  as  by  theire  subscriptions  may  Appeare  :/ 

Wee  the  Comissione'"s  of  the  Gennerall  court  of  the  Mas- 
sachusetts for  the  setling  of  Gouernment  amongst  them  and 
the  rest  within  the  bounds  of  theire  charter  northerly  to 
the  ifull  and  just  extent  of  theire  line  haue  thought  meete 
and  doe  actually  Graunt. 

1  That  Saco  shall  be  a  Touneshipp  by  itself  and  alwaies 
shallbe  a  part  of  Yorkshire  and  shall  enjoy  protection  tequall 


OF   THE    STATE    OF   MAINE.  81 

acts  of  favor  and  Justice  w*''  the  rest  of  the  people  Inhabit- 
ting  on  the  southside  of  the  Riuer  of  Piscatac^  or  any  other 
w"^in  the  limitts  of  our  Jurisdiccon  and  enjoy  the  priviledges 
of  a  Toune  as  others  of  the  Jurisdiccon  haue  and  doe  enjoy 
w***  all  other  liberties  and  priviledges  to  other  Inhabitants  in 
ou'  Jurisdiccon 

2  That  euery  Inhabitant  shall  haue  and  enjoy  all  theire 
Just  proprieties,  titles,  and  Interests,  in  the  howses  and 
lands  which  they  doe  possesse,  whither  by  graunt  of  the 
Towne,  possession  or  of  the  former  Gennerall  Courts. 

3  That  all  the  present  Inhabitants  of  Saco  shall  be  free- 
men of  the  Countrie  and  having  taken  the  oath  of  freemen 
shall  haue  libertie  to  give  theire  votes  for  the  Election  of 
the  Gouerno'  Asistants  and  other  Gennerall  otficers  of  the 
Countrie 

4  That  the  said  Toune  shall  haue  three  men  Approoved 
by  the  County  Court  from  yeere  to  yeare  to  end  smale 
cawses  as  other  the  Touncshipps  in  the  Jurisdiccon  hath 
where  no  magistrate  is  according  to  lawe  and  for  this  present 
yeare  ni'  Thomas  Williams  Rob*  Booth  and  John  West  are 
Appointed  and  Authorized  Comissione''s  to  end  all  smale 
cawses  vnder  forty  shillings  according  to  lawe  :  And  further 
these  Comissioners  or  any  two  of  them  are  and  shall  be 
Impoured  and  Invested  w*''  full  power  and  Authoritie  as  A 
magistrate  to  keepe  the  peace  and  in  all  ciuill  Cawses  to 
graunt  Attachments  and  executions  if  neede  Require  :  Any 
of  the  said  Comissioners  haue  power  to  examine  offendo''s,  to 
Coinitt  to  prison,  vnlcsse  baile  be  given  according  to  lawe. 

And  when  these  or  any  of  these  shall  Judge  nccdefull  they 
shall  haue  ])ower  to  binde  ofiendors  to  the  peace  or  good 
behaviour  Also  any   of  these  Coniissione"  haue  power  to 
6 


82  DOCUMENTARY    HISTORT 

Administer  oatlies  according  to  la  we  Also  marriage,  shall  be 
solemnized  by  any  of  tlie  Comissi()ne''s  according  to  lawe. 

Itt  is  further  heereliy  Ordered  and  Graunted  that  for  the 
p'sent  yeare  m'  Thomas  Williams,  Robert  Booth,  and  Jn" 
West  shallbe  the  select  men  to  order  the  prudentiall  affaires 
of  the  Towne  of  Saco :  for  this  yeare  :  And  they  tooke 
theire  Respectiv^e  oathes  as  Comissione^s  or  Associates  vse 
to  doe. 

Lastly  Itt  is  Graunted  that  the  Inhabitants  of  Saco  shall 
be  from  time  to  time  exempted  from  all  publick  Rates  and 
that  they  shall  Alwaies  beare  theire  owne  charges  of  the 
Courts  &c  Arising  from  Amongst  themselves. 

Ralfe  Trustrum  was  Appointed  Counstable  there  and 
tooke  his  oath- 

W"  Scadlocke  was  Appointed  A  Grand-jury  man  for  this 
yeere  and  tooke  his  oath :  also  he  was  Appointed  Clarke  of 
the  writts 

Richard  Hitchcocke  was  Appointed  &  Authorized  as  A 
serjant  to  exercise  the  Souldiery  at  Saco  :/ 

The  Comissione''s  being  Informed  y*  Jn°  Smith  of  Saco  is 
necessarily  detayned  from  Coming  to  yeeld  his  subjection 
to  this  Gouernment  they  doe  Graunt  that  on  his  acknowl- 
edgement of  subjection  to  this  Gouernment  Any  two  of  the 
Comissione's  at  Saco  may  and  heereby  haue  libertie  to  give 
the  oath  of  a  freeman. 

The  like  liberty  on   the  like  termss  is  graunted  to   the 
Comissione''s  of  Wells  to  Administer  the  like  oath  to  Rich- 


OF   THE    STATE    OF   MAINE.  83 

arc!   Ball    Rich   Moore    Ju"   Elson    Arthur   Wormestall    & 
Edward  Clarke. 

The  Comissione"  being  Informed  that  Saco  is  destitute  of 
a  good  minister  which  is  much  desired  that  all  due  Care  be 
taken  to  Attaine  the  same  &  in  the  meane  time  that  theire 
peace  might  be  preserved.  They  doe  Declare  and  order  that 
Robt  Booth  shall  haue  libertie  to  excercise  his  guifts  for  the 
fediffication  of  the  people  there  Seuerall  of  the  Inhabitants 
Complayning  y*  George  Barlowe  is  A  disturbance  to  the 
place  :  The  Coraissione""^  at  theire  Request  thought  meete  to 
forbidd  the  said  George  Barlow  any  more  publiequely  to 
preach  or  prophecy  there  vnder  the  ppenalty  of  tenn  pounds 
for  euery  offence./ 

It  is  Ordered  that  the  Inhabitants  of  Wells  Saco  and  Cape 
Porpus  shall  make  sufficient  highwaies  w*''4n  theire  Tonnes 
from  howse  to  howse  cleere  and  fitt  for  foote  and  Carte 
before  the  next  County  Courte  vnder  the  poenalty  of  tenn 
pounds  for  euery  Townes  Defect  in  this  particular  And  that 
they  lay  out  a  sufficient  highway  for  horse  &  foote  betweene 
Toune  &  Toune  w*''in  y*  time. 

Att  A  Court  held  at  Wells  5  July 
1653  by  the  above  mentioned 
Comissione'"'' 

The  Inhabitants  of  Cape  Porpus  was  Called  and  made 
theire  Appearance  according  to  theire  Sumons  and  Acknowl- 
edged thonsclves  subject  to  the  Gouernment  of  the  Massa- 
chusetts as  followeth 

Wee   whose   names  are  vnder  written   doe  acknowledire 


84  DOCUMENTARY   HISTORY 

ou'  selves  subject  to  the  Gouernment  of  the  Massachusetts 
as  wittnes  our  hands 

mrke 
mrke  ^-^^ 

Morgan  J^/J  L7  Howells  Griffin  Montague  Steeven  Batsons 

Christopher  Spurrell  John  Baker         Gregory  Jeofferys 

Thomas  Warner  William  Renolles  Peter  Turbat 

Jn°  Cole  Simon  ^  Trott         Ambrose  Bury 

To  these  Above  mentioned  also  the  Comissione"  Graunted 
they  should  be  freemen  and  in  open  Court  gaue  them  the 
freemaus  oath 

And  further 

Whereas  the  Toune  of  Cape  Porpus  hath  acknowledged 
themselves  subject  to  the  Government  of  the  Massachusetts 
Bay  in  New  England  as  by  theire  subscriptions  may  Appeare 
Wee  the  Comissione""*  of  the  Gennerall  Court  of  the  Massa- 
chusetts for  the  setling  of  Gouernment  amongst  them  and 
the  Kest  w*^  in  the  bounds  of  theire  charter  northerly  to  the 
full  and  Just  extent  of  theire  line  haue  thought  meete  and 
doe  Actually  Graunt 

1  That  Cape  porpus  shallbe  a  Touneshipp  by  itself  and 
alwaies  shalll)e  a  part  of  Yorkshire  and  shall  enjoy  aequall 
protection  Acts  of  favor  and  Justice  w**"  the  Rest  of  the 
people  Inhabiting  on  the  south  side  of  the  Riuer  Piscataq,  or 
any  other  w*^''  in  the  limitts  of  our  Jurisdiccon  and  enjoy  the 
priviledges  of  a  Toune  as  others  of  the  Jurisdiccon  haue  and 
doe  enjoy  w*^  all  other  liberties  and  priviledges  graunted  to 
other  Inhabitant'  in  ou"  Jurisdiccon. 

2  That  euery  Inhabitan*  shall  haue  and  enjoy  all  theire 
Just  proprieties  titles  and  Interests  in  the  bowses  and  lands 
which  they  doe  possesse  whither  by  graunt  of  the  Toune 
possession,  or  of  the  former  Gennerall  Courts. 


OF  THE   STATE   OF  MAINE.  85 

Wee  whose  names  are  heerevnder  written  Inhabitants  of 
"Wells  doe  heereby  freely  Acknowledge  o'  selves  subject  to 
y®  Gouernment  of  the  Massachusetts  as  wittn[es]  our  hands 
this  5  July  1653 

Henry  Boade 
John  Wadly 
Edmand  Littlefield 
John  Saunders 
John  White 
John  Bush 
Robert  Wadley 
ffrancis  Littlefeild  seanier 
William  Wardell 
Sarauell  Austine 
William  Hamans 
John  Wakefeild 
Thomas  Milles 
Anthony  Littlefield 
John  litlfeild 
John  barrett  Junior 
Thomas  littlefeild 
ffrances  Littlefield  Junior 
Nicholas  Cole 
Wiltm  Cole 
These  all  tooke  the  oath  of  freemen  :  the  day  above  men- 
tioned in  open  Court 

Edward  Rawson 


Wee  whose  names  arc  heerevnder  written  Inhabitants  of 
Saco.  Doe  hereby  freely  acknowledge  ourselves  sul)ject  to 


86  DOCUMENTARY   HISTORY 

y®  Gouernment  of  the  Massachusetts,  as  w'ittnes  o'  hands  y® 
5  July  1653 

Thomas  /  Wiiiiams 

Richard  P    Hitchcox 

Robt  Booth 
John  West 
William  ScadLock 
James  Gibbins 
Eichard  Cowman 
Peter  Hill 
Christopher  Hobs 
Thomas  Rogers 
Ralph  Tristum 
Henry  Waddock 
Thomas  Reading 
Phillip  Hinkson 
George  Barlo 
Thomas  Hale 
These  all  tooke  theire  oathes  of  freemen  in  open  Court  y<^ 
day  &  yeere  above  written. 

Edw  :  Rawson 


The  names  of  y®  Inhabitants  of  West  Saco 

M'  Thomas  Williams 

W  Richard  Hitchcox 

M'  John  West 

M'  John  Smith 
Robert  Booth 
William  Scadlock 
Ralph  Tristum 


OF   THE    STATE    OF   MAES'E.  87 

John  Layton 
Peter  Hill 
John  Hollicum 
Joh  Sparks 
Christopher  Hobs 
Nicolas  Bulle 
Thomas  Hale 
Phillip  Hinkson 
Richard  Cumins 
Roger  Hunniwelt 

The  names  of  3^*  Inhabitants  of 
East  Saco 
M"^  John  Bonithon 
James  Gibbins 
Henry  Wadclock 
Thomas  Readino; 
George  Barlo 
Thomas  Rogers 

Itt  is  Ordered  y^  the  Inhabitants  of  Wells,  Saco,  &  Cape 
porpus  shall  make  sufficient  high  waies  w^'^  in  theire  Townes 
from  howse  to  howse  cleere  and  fitt  for  Carte  and  foote 
before  the  next  County  Court  vnder  the  pcenalty  of  tenn 
pounds  for  euery  Tounes  Defect  in  y'  pticcular.  And  that 
they  lay  out  a  sufficyent  high  way  for  horse  &  foote 
betweene  Toune  &  Toune  w"'  in  y'  time. 

The  5"'  July  1G53  the  Inhabitants  of  Cape  Porpus  licing 
called  according  to  their  Sufuons 

Wee  whose  names  are  heerevuder  written  doc  acknowledge 


DOCUMENTARY   HISTORY 


our  selves  subject  to  the  GoQnem*  of  the  Massachusetts  as 

witnesseth  our  hands  here  vnder  written./ 

#1^1  f  TT        Ti  Steven  VJC^  Batson 

Morgan    /^/-/  Howell  ,  .  ^^, 

°       /    I  I  his  marke 


Ay 

his  marke  j^^n  (7^  Cole 


Griffin  ^    Montagu  ^us  marke 

his  marke  Christopher   ^=^  Spurell 

John  Baker  / 

Gregory   Q     Jeferyes  ^is  mai'k 

,  .      ^,  The  m'-ke  of 

his  marke 

Simon  ^trote  ^j^^^j     ^^^^jji^  rose  Berrey 

his  marke 
Toma  wan""  y"^  is  Thomas  Warner 
William  rrenolles     RenoUs 


X 


Pette--     Y    turbat 
his  marke 

These  also  all  tooke  the  oath  of  freemen  y**  Day  and  yeere 
above  written  :  in  open  Court 

Edward  Rawson. 

The  names  of  y*^  Inhabitants  of 
Cape  Porpus 

Griffin  Montague 
Edward  Clark 
John  Cole 
William  Reinolds 
Peter  Turbutt 
Gregorie  Jefteri 
Thomas  Warner 
Aurther  Wormstatl 


OF    THE    STATE    OF    MAINE.  89 

Ambros  Berrie 
John  Elsiu 
Stephen  Batson 
Christopher  Spurwett 
Morgan  Howell 
Simon  Trott 
Rich  :  Moore 


Grants. 
Graunts  to  Wells  Saco  &  Cape  Porpus  &c 

5  July  53 
Whereas  the  Toune  of  Wells  hath  acknowledged  them- 
selves subject  to  y''  GoQamen*^  of  the  Massachusetts  Bay  in 
New  England :  as  by  theire  subscriptions  may  Appeare. 
Wee  the  Comissione"  of  the  Gennerall  Court  of  the  Massa- 
chusetts for  the  setling  of  Gouernment  amongst  them  and 
y*  Rest  w'''  in  the  bounds  of  theire  charter  Northerly  to  the 
full  &  Just  extent  of  theire  line  haue  thought  meete  &  Doe 
Actually  Graunt 

1  That  "Wells  shall  l)c  a  Touneshipp  by  itself  and  alwaies 
shall  1)0  a  part  of  Yorkeshire  :  and  shall  enjoy  proteccon 
aecjuall  acts  of  favor  and  Justice  w*''  y'^  Rest  of  the  people 
inhabitting  on  the  south-side  of  the  Riuer  Piscataq,  w"'  in  y® 
liniitts  of  ou''  Jurisdiccon  &  enjoy  y''  priuiledges  of  a  Toune 
as  others  of  the  Jurisdiccon  haue  and  doe  enjoy  w^''  all  othe"" 
liberties  &  privilcdges  grauntod  to  other  Inhabitants  in  our 
Jurisdiccon 

2  That  euery  Inhabitant  sliall  hauo  and  enjoy  all  theire 
Just  pi-<)prieties  tithes  t'c  Interests  in  tho  liowscs  i^  lands 
wch  they  doe  possesse  whitlujr  by  Ciraunt  of  the  Touno, 
possession,  or  of  tho  former  (ionnorall  Courts, 


90  DOCUMENTARY   HISTORY 

3  That  all  the  p'"sent  Inhabitants  of  Wells  shall  be  free- 
men of  the  Countrie  and  having  taken  the  oath  of  freemen 
shall  haue  libertie  to  give  theire  votes  for  the  Eleccon  of  the 
Gofino''  Asistants  and  other  gennerall  officers  of  the  Coun- 
trie. 

4  That  the  said  Toune  of  Wells  shall  haue  three  men 
Approoved  by  y^  County  Court  frorae  yeere  to  jeere  to  end 
smale  Cawses  as  other  the  Tounshipps  in  the  Jurisdiccon 
hath  where  no  magistrate  is  according  to  lawe  &  for  this 
present  yeere  m''  Henry  Boade  m'  Thomas  Wheelewright  & 
nf  Ezekiell  Knight  are  appointed  &  Authorized  Comissioue" 
to  end  smale  cawses  vnder  40'  according  to  lawe  and  further 
these  Comissione""^  or  an}''  two  of  them  are  &  shall  be  Im- 
powred  &  Invested  w"'  full  power  and  Authoritie  as  a  mag- 
istrate to  keepe  the  peace,  &  in  all  civill  causes  to  graunt 
Attachments  &  executions  if  neede  Kequire  any  of  the  sd 
Comissione''^  haue  power  to  examine  offendo''s  to  Comitt  to 
p''ison  vnlesse  baile  be  given  according  to  lawe  And  when 
these  or  any  of  these  shall  Judge  needful!  they  shall  haue 
powe'  to  binde  offendo''s  to  y^  peace  or  good  behauio""  Also 
any  of  these  Comissione''^  haue  powe""  to  Administer  oathes 
according  to  lawe 

Also  marriage  shall  be  solemnized  by  any  of  the  Comis- 
sione"  according  to  lawe. 

Itt  is  further  heereby  ordered  &  Graunted  that  for  y' 
present  yeere  m""  Henry  Boade  uV  Tho :  Wheelewright : 
Ezekiell  Knight  Jn"^  Wadly  &  Jn°  Gouch  shall  be  y^  select 
men  to  order  the  prudentiall  Affaires  of  the  Toune  of  Wells 
for  this  yeere  : 

]\r  Joseph  Boules  is  Appointed  Clarke  of  the  writts,  to 
graunt  warrants  Attachments  &c 


OF    THE    STATE    OF    MAINE.  91 

M''  Ezekiell  Knight  is  Appointed  to  be  A  Gnindjuryman 
for  y''  Towue  of  Wells  for  one  yeare.     sworue./ 

Jn°  Sounders  &  Jn°tliau  Thing  are  Appointed  And 
Authorized,  as  Sarjan**  to  exercise  the  Souldiery  heere 
according  to  lawe. 

Lastly,  Itt  is  Graunted  that  the  Inhabitants  of  Wells 
shall  be  from  time  to  tyme  exempted  from  all  publick  Rates 
&  that  they  shall  Alwaies  beare  theire  owne  charge  of  the 
Courts  &c.  Arising  from  amongst  themselves. 

The  like  Graunts  are  made  to  y*^  Inhabitants  of  Saco  :/ 
y"  names  altered 

M'  Thomas  Williams,  Rob'  Booth  &  Jn°  West  Comis- 
sionc"  &  select  men  as  y*^  other 

Ralf  Trustrum  is  Appted  grand  Jury  man,  for  y''  yeere  & 
Clarke  of  y*^  writts  Also  sworne 

Richard  Hitchcocke  is  Appointed  &  Authorized  as  A  sar- 
jant  to  excercise  y*'  souldiery  at  Saco  : 

Itt  is  Ordered  y*  the  Sarjants  of  Wells  by  turnes  shall  goe 
&  excercise  the  souldiery  at  Cape  porpus  according  to  lawe 
till  y"  County  Court  in  Yorkeshire  or  Gennerall  Court  on 
theire  nomination  shall  A[)[)ointe  another 

llbr  Cape  Porpus 

Gregory  Jefferycs  gi'and  -hiry  mail,  &  tookc  liis  oath 

W'"  Rcignails  is  allowed  to  kee[)e  u  ferry  at  Konnybuncke 
and  to  haue  3''  a  passenger. 


92  DOCUMENTARY   HISTORY 

The  Ccawse  betweene  Morgan  Howell  and  Jn°  Baker  is 
Continewed  and  Keferred  to  be  Determined  by  the  next 
County  Court  in  Yorkshire,  &  Jn°  Bake""  Doth  Acknowl- 
edge himself  bound  in  twenty  pounds  to  Rich  Russell  Treas- 
urer of"  the  Massachusetts  Jurisdiccon  on  this  Condicon  y' 
he  shall  Appeare  before  the  next  County  Court  in  York- 
shire, to  Ans""  the  said  Accon  or  Complaint  of  Morgan 
Howell. 

Jn'^  Baker  Acknowledgeth  himselfe  bound  in  twenty 
pounds  to  Rich.  Russell  Treasurer  of  the  Massachusetts  on 
y®  Condicon  y*  he  shall  be  of  good  behauiou''  between  y^  & 
the  next  County  Court,  and  that  henceforth  he  shall  not 
preach  pul)licqly  w**^  in  y^  Jurisdiccon  —  making  his  Appear- 
ance at  y^  s*^  Court  if  he  be  w^''  in  this  Jurisdiccon  :/ 


Protest  July  6,  1653. 
The  Comissione"  protest  agt  an}'  exce''cising  of  power  &c. 

Whereas  we  haue  declared  the  right  of  the  Massatusets 
goverment  to  the  townes  of  Wells  Cape  Porpois,  and  Saco 
and  the  Inhabitants  thereof  being  sumoned  did  appeare 
before  us  at  Wells  on  the  5"^  of  July  1(353  and  acknowledged 
themselfes  subject  and  tooke  the  oath  of  freemen  and  lidel- 
lity  to  the  sd  Goverment  which  by  us  their  Comissioners 
have  appointed  and  setled  a  goverment  ouer  them  we  doe 
therfore  heereby  protest  against  all  psons  whatsoeuer  that 
shall  challeng  Jurisdiction  or  excercise  any  act  of  authority 
ouer  them  or  ouer  any  other  psons  to  the  northward  inhabit- 
ing wthin  the  Limytts  of  our  patents,  w'-''  doth  extend  to  the 
latitude  of  forty  three  degrees  forty  three  minutes  and  W  of 
northerly  latitude  but  what  shall  be  deriued  from  us  the 


OF    THE    STATE    OF    JMAIXE.  93 

Comissioners  or  the  Generall  Court  of  the  Massachuset 
Given  under  our  hands  at  Wells  in  the  County  of  York  the 
6"»of  July  1653 

Ri.  Bellingham 
Tho  Wiggin 
Daniel  Denison 
Edward  Rawson 
Brian  Pendleton 


A  Short  View  of  M"^^  Ann  Masons  Case  Touching  her 
Lands  in  New  England  breiily  Extracted  out  of  her  Patents 
Captain  Masons  Will  and  severall  Letters  and  Advises  from 
New  England. 

That  Captain  John  Mason  haueing  bestowed  great  Charges 
in  discoveryes  and  preparations  towards  a  plantation  was 
Enstated  in  fee  by  Patent  from  King  James  in  severall 
Tracts  of  Land  in  new  England  by  the  name  of  New  Hahip- 
shire  and  Masonia  And  also  together  with  S''  Ferdinando 
Gorges  and  other  Associates  in  severall  other  Lands  by  the 
name  of  Liconia  lyeing  near  Piscataqua  and  Newichawanneck 
by  the  Authoritie  of  the  President  and  Councell  of  New 
England 

Ai)pears  by  the  Teno""  of  the  respective  Patents  That  the 
said  Captain  Mason  and  Associeates  became  Possessed  thereof 
accordingly  Laid  out  great  Sufnes  of  money  in  Buildings 
Mills  carrying  ouer  of  servants  And  families  who  still  live 
there  And  were  Comonly  owned  and  reputed  as  Lords  of 
those  severall  Territoryes  and  received  ffines  Quitt  rents  and 
other  duties  by  virtue  of  the  said  Patents. 

Appcarc  by  the  severall  Letters  and  Advises 
of  m'  Godfrey  Governo''  of  Agomcnticus  : 
Joseph  Mason  Agent  for  M"  Ann  Mason 
and  m'  Henry  Jocclin  Numt)"  1  :  2  :  3  :  4  : 
6:  7:  8:  9: 


94  DOCUMENTARY   HISTORY 

That  Cap*  Mason  by  his  Last  Will  gave  out  of  his  Share 
of  the  s**  Lands  2000  Acres  to  the  Corporation  of  Kings 
Lynn  in  Xorfolke  for  the  Vse  of  the  poore  1000  Acres  to 
the  vse  of  a  schoole  within  the  said  Plantation  3000  :  acres 
to  S''  John  Wollaston  Kn* :  2000  :  acres  to  m'  Alderman 
Noel  by  Codicill  10000  Acres  to  Ann  Tufton  alias  Gibbons 
the  now  AVife  of  D""  Gibbons  ; 

The  remainder  to  his  said  Widdow  dureing  life  and  after 
to  Robert  Tufton  als  Mason  and  his  heirs  the  reversion  to 
D''  Mason  and  his  heires  and  made  his  wife  M""*  Ann  Mason 
Executrix  and  Dyed  : 

Appears  by  the    teno'"  of  the  said  will  and 

Probate  there  vpon  vnder  seall  of  Cor' 

That  there  was  a  devision  made  by  the  said  associaates  of 

the  Land  lyeing  North-East  from  Pascataway  And  that  Capt 

Masons  Lott  fell  at  Newichawanneck  And  Contains  fifteen 

miles  in  Length  and  Three  in  breadth 

Appears  by  a  Coppie  of  the  said  Devission 

Numb""  10  And  b\"  the  Letters  of  m''  Joseph 

Mason  Number  8:9:   And  by  the  Letter 

of  Advise  of  m"^  Godfrey  number  3 

That  the  great  House  att  Pascataway  and  the  house  at 

Strawbury  banke   with  the   Isletts  and   marshes  adjoyning 

remained  In  Comon  to  the  said  Associeates  vndevided  and 

that  Cap*  Mason  was  to  have  f  partes  thereof. 

Appears  by  the  said  Coppie  of  the  Devission 

numb""  10 

And   the   Letters   of    Joseph   Mason    Numb'' 

8:  9: 

That  the  Inhabitants  of  Ketterie  and  Agamenticus  takeing 

advantage  of  the   Death  of  Cap*  Mason   &   S^  fferdinando 

Goro-e  &c  and  the  absence  of  their  heires  have  Devided 

o-reat  Quantities  of  the  said  Lands  at  Pascataway  that  lay 

in  CoiSon  to  all  the  said  Associeates  amongst  30  families  of 


OF    THE    STATE    OF    MAINE.  95 

themselues  many  of  them  being  the  servants  &  children  of 
the  servants  of  the  said  Cap-  Mason 

Appears   by   a   copie   of  the   said   Dcvission 
Made    att  a   meetinij    held    att    Strawburie 
banke  6'^  September  16-15  Xum  11 
And  by  the  aforesaid  letters  of  Joseph  Mason 
num'^'-  8-9  . 
It  appears  by  the  Copie  of  a  remonstrance  of  the  present 
state  of  New  England  Vnder  the  hand  of  m""  Godfrey  Gov- 
erno'"  of  Agamenticus  that  the  said  Associeates  have  suffered 
Losse  in  their  houses  at  Pascataway  (wherein  Captain  oMason 
had  a  large  share)  to  the  value  of  7000'  And  the  said  Capt. 
Mason  and  his  widdow  ouer  and  aboue  in  their  owne  partic- 
ular 4000'  Damage. 

See  the  said  remonstrance  Number  7  :  That  Cap'  Mason 
had  built  Saw  mills  vpon  the  river  of  Newichawanneck  vpon 
his  owne  portion  there  which  are  since  ruined  and  the 
materialls  Devided  amongst  Cap'  Masons  Servants  vnder 
pretence  of  wages  due  to  them  to  the  great  prejudice  of  the 
said  widdow  and  parties  Interested  in  the  said  will 

Appears  by  the  Letters  of  the  said  Joseph 
Mason  Num'^'-  8  9 
That  the  said  servants  of  Cap'  Mason  refused  to  give  any 
accompt  of  the  said  Materialls  and  other  goods  of  the  said 
Cap'  Mason  of  great  Value  which  they  have  seized  on  to 
their  owne  vse  viz'  m"^  Roger  Knight  m''  Ambros  Gibbons 
one  Chadburn  and  his  sonnes  Wall  Goddard  &  others 

Appears  by  Letters  from  the  s''  Agent  Joseph 
Mason  Num''^  8-9 

That  ouer  and  above  all  this  Damage  there  is  a  designe  on 
foot  by  the  said  Servant  and  other  tenants  to  Invade  & 
posseese  all  the  said  Lands  to  their  owne  vse  And  in  par- 
ticular that  one  m""  Richard  Leader  vnder  pretence  Ihat  all 
Patents  Made  l)y  authijrity  of  the  Late  King  an;  voyd  and 


96  DOCUMENTARY    HISTORY 

those  Lands  otherwise  Disposed  of  by  parliament  as  he  pre- 
tends, But  Especially  bearing  himselfe  vpon  the  name  & 
repute  of  m""  ffrost  Secretary  of  Estate  of  England  whome  he 
pretends  to  have  a  stock  of  2000^  In  adventure  with  him  on 
that  very  designe ;  hath  possessed  himselfe  of  the  Lands  at 
Newichawanneck  belonging  to  the  widdow  Mason  and  being 
more  in  value  then  all  the  rest  of  her  lands  in  New  England 
Is  letting  the  same  out  to  tenants  vpon  his  owne  accompt  is 
building  of  saw  mills  where  Cap'  Masons  Mills  formerly 
stood  Cutts  down  her  timl^er  and  hath  in  designe  vtterly  to 
Dispossesse  the  s''  widdow  of  her  right  there  And  in  persu- 
ance  thereof  by  the  Complyance  of  Capt  Masons  servants  & 
tenants  who  are  loath  to  be  brought  to  an  accompt  for  their 
Deallings  hath  procured  an  order  in  favor  of  his  said  designe 
from  some  of  the  Inhabitants  of  Ketterie 

Appears  by  the  Advise  of  m''  Godfrey  num'"' 

3  and  of  m""  Jocelyn  num'"'  6  :  and  of  Joseph 

Mason  num'^'"  8-9 
That  the  said  Joseph  Mason  in  the  name  of  the  said  Wid- 
dow M"  Ann  Mason  hath  made  his  protestation  in  due  man- 
ner against  the  said  Indirect  proceedings 

as  Appears  by   a  copie  of  the  said  Protest 

num'^'-  5:2: 

That  what  is  aboue  &  in  these  three  sheetes  An  next 
written  is  a  true  Copie  of  a  paper  in  such  parragraff'  aa  was 
presented  to  the  Generall  Courts  in  y"^  yeares  1652  and  in 
August  1653  by  m'  Joseph  Mason  in  behalfe  of  M""^  Ann 
Mason  as  her  Agent  &  Atturuey  &  left  on  file  being  there- 
with Compared  Attests 

Edward  Eawson  Secret 


OF    THE    STATE    OF   MAINE.  97 

Beturn  of  the  Commissioners  Ratified  8ept.  5.  1653. 

The  Gennerall  Courte  of  the  Massachusetts 
To  the  Inhabitants  of  Wells  Cape  Porpus  & 
Saco  : 

Having  perused  the  Retourne  of  our  Couiissioners  pro- 
ceedings at  Wells  In  July  last  in  challenging  Jurisdiccon  and 
setling  our  Gouernment  in  those  part  Conffrming  the  Rights 
and  Graunting  Priviledges  to  the  Inhabitants  there  Wee  Doe 
Rattify  and  Confirme  the  same  and  doe  and  shall  expect 
obedience  and  Submission  to  this  GoQnmt  and  Doe  promise 
Asistauce  and  protection  vnto  them  against  any  that  shall  by 
any  pretence  endeavor  to  Disturbe  them  and  becawse  wee 
vnderstand  that  m""  Cleaves  pretends  a  title  to  those  parts 
Wee  doe  therefore  heereby  will  and  Coinand  yo'''  &  eGy  of 
you  to  Continew  in  you""  obedience  vnto  vs  and  to  oppose 
and  Resist  any  that  shall  (from  or  vnder  him  or  any  other 
then  such  as  derive  theire  Authoritie  from  the  Gennerall 
Court  of  the  Massachusetts  endeavor  to  excercise  Jurisdiccon 
ouer  yo''' :/ 

The  Magis*'  haue  past  this  w*^  Reference  to  the  Consent 
of  theire  bretheren  the  depu'^  heereto 

Edward  Rawson  Secret 

5  Septcmb  1653 


Letter  to  Mr.  Cleve,  Sept.  5,  1653. 

^P  Cleue  according  to  your  desire,  wee  tender  this 
account  ot  our  pcecdings  at  Wells  Cape  Porpoise  Saco  &c. 
In  the  yeare  1652  wee  ordered  some  members  of  this  Court 
w"'  two  Artists  to  make  a  true  discouery  of  the  most  North- 
erly branch  of  ]\Icrrimackc  that  accordingly  wee  might  lay 
out  the  Northerly  line  of  our  Patent  w' ''  is  to  extend  3  miles 
7 


98  DOCTBIENTART   HISTORY 

beyound  the  most  Northerly  pte  of  Merrimack  riuer  :  which 
Jjine  is  to  run  throw  the  muiiie  land  of  America  from  East  to 
West  in  the  Latitude  of  43'^  43'  ^j  And  in  further  gsecution 
of  the  same  "Wee  did  in  July  last  dispatch  our  Coinissioners 
to  Wells,  Cape  Porpoise,  and  Saco,  to  Challenge  our  right 
by  patent  ouer  those  parts,  where  the  Inhabitants  did  volun- 
tarily acknowledg  themselues  subject  to  this  Goverment, 
and  tooke  oath  of  fidellity  &  freemen  to  the  same. 

Our  Comissioners  publishing  a  gtestation  at  Wells  ag^^  any 
person  or  gsons  that  should  challeng  Jurisdiction  or  excer- 
cise  any  act  of  Authority  ouer  them,  or  ouer  any  other 
psons  inhabiting  w*^  in  the  Limitts  of  our  patent  (w*^*^  doth 
extend  to  the  latitude  of  43''  43'  x\  of  northerly  latitude)  but 
what  shall  be  deriued  from  the  Geutl  Court  of  the  Massatu- 
setts.  All  which  acts  of  our  Comissioners  wee  haue  ratifyed 
and  Confirmed  and  shall  endeauour  by  all  lawfull  meanes  to 
maintaiue  &  defend  our  just  rigts  in  those  parts  granted 
unto  us  in  our  patent 

The  magis'^  haue  past  this  w^** 
Bost  Sept :  5.  1653.  Keference  to   the    Consent 

of  theire  bretheren  the  dep- 
yts  lieereto 
Edward  Rawson  Secret 
The  Deputyes  Consent  w*''  o' 
bono''''  magists  herein 
William  Torrey  Cleric' 


Depositions. 

The  Deposition  of  Roliert  Mendom  Constable  of  Kittery 
&  John  Tucker  &  Nikolas  Lux  sayth  That  beinge  Required 
by  the  Marshall  of  Yorke  to  asist  him  &  to  keepe  the  peace 
in  the  leuings  an  execusion  at  m''  Gunnisons  the  :    20  :   of 


OF   THE    STATE    OF   MAINE.  99 

Decern  :  53  :  to  satisfie  a  Dept  to  Cap^  Nikolas  Shapleigh  : 
whcD  wee  Came  into  the  house  wee  saw  the  marshall  begin 
to  leuy  his  exeeusion  vpon  some  pewter  but  m"^  Gunnison 
tooke  it  away  by  violence  the  sayd  m''  Gunnison  goinge  into 
an  Inner  Roome  fetched  out  a  sord  &  tooke  m""  Norton  by 
the  shoulder  &  bid  him  Come  forth  a  dores  &  he  would  shew 
him  goods  enough :  but  did  shew  none  :  wherevpon  the  fore- 
said Constable  thrust  the  marshall  bake  &  tooke  away  the 
sorde  from  m""  Gunnison  :  &  many  times  m""  Gunnison  dared 
the  marshall  if  did  medle  with  any  theare  one  should  dy  for 
it :  but  sayd  hee  would  shew  him  goods  abrowde  :  but  did 
not :  but  when  wee  weare  oute  hee  lokt  the  Dore  vpon  vs  & 
kept  vs  out  whearat  the  Constable  desired  to  Come  in  but 
he  would  not  let  him  in  :  whearat  the  Constable  sayde  hee 
would  breake  open  the  dore  :  &  m''  Gunison  bid  him  Come 
at  his  perill  then  &  take  what  follows  also  when  the  praisers 
went  into  the  brewhouse  to  prayse  such  goods  as  weare  leuied 
hee  asked  one  of  the  praysers  what  he  did  theare  :  &  bid  him 
bee  gon  &  the  sayd  m""  Gunnison  had  a  pistole  Redy  Charged 
as  wee  weare  Informed  :  soe  that  the  marshall  durst  not  Cary 
any  thinge  oute  of  the  house 

Taken  before  mee  this  :  21  :  of  Decemb 
53  opon  oath 

Brian  Pendleton 

"Deposition  of  William  Reeves  &  Rich  :  Stone." 
"We  hose  nomes  are  hear  vnderriten  do  tcastitie  that  beins 
at  the  howse  of  hvgh  Gollison  whar  thar  did  svm  diferrence 
a  rise  a  bovtc  the  leavclling  of  a  cxsicvscn  for  m""  Nicholas 
shaplic  wee  did  hear  hvgh  Golliscn  Dissicr  the  marchall  to 
for  bar  rifling  his  hovse  and  to  go  with  him  at  the  sum  phise 
ond  he  \vovld  delliver  goodes  to  hem  as  bowses  landes  and 
other  goodes  to  the  vallic  of  the  cxsicvscn  and  in  Case  ther  : 
war  not  cnnvfe  hee  shovld  Com  peasably  in  to  his  Dwelling 


100  DOCUMENTARY   HISTORY 

howse  and  tacke  what  he  had  thar  and  in  Case  thar  war  not 
ennvfe  he  shovld  have  his  persen  to  prison  with  hem  and 
this  was  evr  again  and  a  again  in  ovr  hearring  and  mor  when 
time  shall  serve  wee  shall  tacke  ovr  othes  when  wee  shall 
be  Called  —  and  fvrther  did  give  to  the  marshall  the  lawe 
bvcke  biding  hem  Ivcke  in  it  and  ackt  a  Cording  to  lawe  and 
hee  wovld  not  hender  hem  telling  heim  he  Cvld  not  a  Cord- 
ing to  lawe  Cvm  in  to  his  Dwelling  howse  to  tacke  his  bead 
and  his  goodes  in  his  howse  which  war  for  his  livlie  hvde 
when  ther  war  enowfe  withovght  as  witnes  our  hands. 

the  marke  of  William  Reeves 


/^ 


Richard 

^,  witnes 

feton 


Taken  vpon  oath  the  22*''  of 
Decemb  1653  : 
before  mee  Brian  Pendleton 


Letter  from  Nic.  Shapleigh 

Wor"  Gent. 

The  occastion  w*^*"  at  this  tyme  Imboldens  mee  to  troble 
yo'""  is  :  not  long  since  I  obtained  ajudgment  against  m'  Gul- 
lison  in  o"^  County  Court  at  Yorke,  w'^'^  judgment  the  saied 
Gullison  did  atteach,  but  since  by  mee  Repleued,  and  Sofi- 
cient  security  givein  to  p°secut  y^  same,  the  Execution  I 
haue  taken  out  w''*'  y*"  Marshall  hath  leaned  vpon  diuers 
goods  of  his  &  ware  prized  according  to  law  by  two  sworen 
men  This  no  sooner  done  but  y"  marshall  &  Cunstable  ware 
By  som  deposistions  sent  yo''  worships  desiering  to  lend  yo"" 
pacientes  to  p  vse  them  and  vpon  yo""  serious  consideracion  : 


OF   THE    STATE    OF   MAINE.  101 

I  humbly  request  yo""  worships  to  doe  me  right  according  to 
law  in  such  cases  g°uided.  soe  y*  my  Esstate  may  not  bee 
thuse  contemciously  detained  from  mee,  not  douting  But 
yo""  worships  will  releeue  mee  herein,  w'^'^  I  humbly  Desier  g 
this  baror  m''  Colcord  who  can  fully  informe  yo'""  of  all  y'^ 
pticular  Garages  in  this  busines,  thuse  w"'  My  respects  vnto 
yo""  worP'  I  comend  yo""'  to  y*"  g°tectiou  of  the  all  mighty, 
Craueing  leaue  &  Eest 

Yo''  AVorP^  to  Command 

.  Nic  :  Shapleigh 
Kittery  y«  16^^  of  y<^  12"^°  53 


Wa7n-ant. 

To  the  Marshall  of  y^  County  of  Yorke. 

Yo"'  are  by  virtue  of  an  order  of  the  Counsell  Dated  at 
Boston  the  eleventh  of  march  1653.  to  Attach  the  body  of 
m""  Hugh  Gunnison  and  take  sufficient  securitie  of  him  to  the 
value  of  forty  pounds  binding  him  to  Appeare  before  the 
next  Gennerall  Court  of  Election  on  y'^  6^^  of  may  next  to 
Answe''  for  his  Resisting  and  Affronting  the  marshall  in 
serving  an  execution  on  his  estate  to  Answe""  a  Judgm' 
gruuiited  agt  him  to  m""  Nicholas  Shapleigh  and  hindering 
him  to  Compleat  y°  same  hereof  not  to  fail 

By  orde"^  of  y''  Counsell  Edward  Rawson  Secret 

This  A\'arrant  was  Icavicd  and  served  by  me  Ilcn  :  Norton 
Marshall  of  York  on  the  person  of  M''  Hugh  Gunnison  the 
15"'  of  Aprill  and  his  suerties  for  his  apearaunc  at  the  Geu- 
erall  Court  is  Jn"  Twisden  and  Rice  Thomas. 


102  DOCUMENTARY   HISTORY 

Letter^  Ben.  Gillam  to  Hugh  Gunnison  [and  wife] 

Brother  &  Sister  Gullison,  I  am  troubled  p*set :  to  heare 
&  see  w*  I  did  the  day  past  at  yo""  house,  I  would  entreate 
you  to  follow  after  the  things  y*  make  for  peace,  otherwise 
they  will  runne  from  you,  Its  a  good  thing  to  study  to  be 
quiett,  I  spoke  w'**  Capta  :  Shapleigh  as  he  came  vp  in  the 
boate  &  he  delard  to  me  thus  much,  y*  in  "Case  you  would 
desire  yo''  things  againe  of  him,  you  should  still  haue  them 
and  he  would  sett  vp  the  furnauce  againe  at  his  owne  charge 
for  you  :  I  question  not  but  as  fare  as  I  see  he  is  on  the 
same  mind  still,  if  he  should  desire  security  I  shall  be  bound 
with  you,  &  for  you,  in  w*  he  shall  desire.  I  pray  you  lett 
yo'"  poore  children  moue  you  to  Consideration,  if  you  should 
recouer  at  y*'  last,  I  suppose  it  would  not  be  a?quiuolent  to 
yo""  damage,  &  to  make  one  another  suffer  in  such  Cases  w"" 
it  may  be  soe  easily  p''uented,  will  proue  very  uncomfortable 
on  all  hands, 

Thus  hoping  you  will  Consider  of  these  things  I  rest 
Yo'^  to  serue  you  in  loue     Ben 

Gillam 

Kittcry  23  :  March  :  53  : 

A  true  copy  of  the  originall  of  the  letter  sent  to  m""  Gulli- 
sone  by  Ben  :  GillS  : 
witnesse 

Ed :  Rishworth 
Isake  Neshe 

y'  lette'^  Ben  :  Gillam  gives  in  on 
oath  :  14*'^  May  1654 

Edward  Rawson  Secret 


OF    THE    STATE    OF   MAINE.  103 

Deposition. 

The  Deposition  of  John  Dauis  being  aged  about  thirtie  foure 

yeares 

Saj'th  that  hee  heard  the  marshall  of  Yeorke  say  that  hee 
was  afi-aide  that  hee  had  gon  Contrary  to  law  in  the  leuinge 
an  execution  on  j\P  Gunnisons  estate  :  &  that  he  had  made 
away  his  owne  estate  for  feare  of  the  saide  Gunnison  and 
further  this  deponent  sayth  that  beinge  in  discource  with  the 
foresayd  marshall,  hearde  him  say :  Doe  you  [think]  that  I 
will  demand  of  any  man  goods  when  I  haue  an  execusiou 
noe  :  but  I  will  take  what  goods  I  please  and  further  sayth 
not. 

Taken  vpon  oath  this.  18  of  Aprill  54  before  mee 

Brian  Pendleton 


Deposition. 

The  Deposition  of  John  Dauis  aged   aboute  thirty  foure 

yeares 

This  Deponent  saith  that  beinge  warned  by  the  marshall 
of  Yeorke  to  asist  him  in  the  execusion  of  a  speciall  warrant 
^rom  the  Counsell  at  Boston  :  on  the  estate  of  ni""  Hugh 
Gunnison,  for  Cap*  Nikolas  Shapleygh  goeing  in  Companie 
with  him  :  that  tliis  estate  of  m""  Gunnisons  was  not  praysed 
to  the  north,  and  that  one  of  the  prisers  did  say  that  hee  did 
not  Regard  how  hee  prised  the  goods  :  for  hee  knew  the  s** 
Gunnison  would  not  lot  them  goe,  &  the  s**  Dauis  told  the 
s**  Cap'  Shapleigh  that  the  prisers  had  gon  Contrary  to 
theare  oaths :  &  the  s''  Cap*  Shapleigh  Kcplied  what  was  that 
to  him  :  let  them  sweare  themselues  to  the  Deuill :  if  they 
would  :  &  furtlier  this  Deponent  sayth  not. 

Taken  vpon  oath  this,  18,  of  Ai)rill  54  l)ef()re  mee 

Brian  Bendleton 


104  DOCUMENTARY   HISTORY 

Deposition. 

The  Deposhson  of  Richard  Stone  Aged  Al)oute  ninten 
yeres  Olde  saeth  that  Aboute  A  wecke  aftar  that  the  goodes 
of  hugh  gunisonn  ware  prised  for  m''  Nicklis  Shapley  one  of 
the  prisers  was  thare  which  w^as  Roberd  Mendum  and  the 
wife  of  hugh  gunison  asced  of  Robert  mendum  why  he  did 
prise  the  goodes  to  somuch  less  and  the  saide  Roberd  men- 
dum sayed  tliat  he  did  kno  tliat  the  saide  hugh  gunisonn 
wolde  not  lit  the  goodes  goe  and  tharfore  he  did  not  Regarde 
how  he  prised  the  goodes  that  he  was  m*"  Shapleies  man  and 
he  Chose  him,  and  furdar  saith  not  taken  vpon  oath  the  21 
of  Aprill  1684  be  foor  me  Tho  Withrs 


Deposition. 

The  Deposition  of  Rice  Thomas  aged  about  38  yeares 
This  Deponent  saith  that  being  imployed  by  John  Treworgy 
to  brew  for  the  ffishermeu  att  the  house  vppon  the  poynt 
well  m""  Gunnison  bought  of  M'  Shapleigh,  that  John  Lander 
and  John  Billin  did  Deny  him  the  Cutting  of  wood  vpon  the 
Land,  that  he  was  forct  to  take  it  by  leaue  vpon  his  owne 
account  from  John  Lander  &  John  Billin.  And  further  saith 
not. 

Taken  this  21"^  of  Aprill.  1654 
before  mee. 

Tho  Withrs 


Deposition. 

The  Deposicon  of  Robert  Mendam  Constable  doth  testifie 
that  being  warned  by  the  Marshall  to  assist  him  in  the  exe- 
cution of  the  leavying  of  the  estate  of  m""  Gunnison,  he  com- 
ing &  the  Marshall  to  leavy  on  the  estate,  the  Marshall  did 


or   TECE    STATE    OF   MAESTE.  105 

not  demauud  any  goods  of  m""  Gunnison,  but  demaunded  of 
this  Deponent  to  assist  him,  where  this  Deponent  did  reply 
I  doe  not  see  any  affront,  the  Marshall  replyde,  noe,  &  stept 
to  the  shealfe,  &  tooke  two  pewter  dishes  oiie  the  shealfe  : 
with  that,  m''  Gunnison  went  to  the  shealfe  and  said  he 
should  not  take  any  goods  Avithin  his  house  when  I  haue 
enough  without ;  rather  then  my  goods  in  my  house  shall 
goe,  weh  are  contrary  to  Lawe,  when  I  haue  enough  with- 
out :  my  life  and  my  goods  shall  goe  together ;  I  will  shew 
yo"  goods  enough  abroade,  &  gaue  him  the  lawe  booke,  & 
bid  him  looke  in  it,  &  acte  according  to  Lawe  and  spare  not, 
he  would  not  hinder  him  ;  And  withall,  m'"  Gunnison  went 
into  the  next  roome  and  fetcht  his  Rapier  and  came  out,  I 
standing  by  the  Marshall,  m""  Gunnison  Laid  his  hand  on  his 
shoulder  saying  come,  I  w^ill  shew  yo"^*  goods  enough  to  sat- 
isfy yo".  Then  the  Constable  said  to  m'"  Gunnison  this  is 
not  a  time  to  vse  a  sword ;  Then  m'"  Gunnison  said  to  the 
Constable  ;  here  take  it  yo"  then  ;  &  I  did  take  it,  and  kept 
it,  but  the  Marshall  would  not  goe  out  at  m""  Gunnisons 
tender,  but  refused.  And  m""  Gunnison  bid  him  act  accord- 
ing to  Lawe  &  he  would  not  hinder  him  ;  tendering  him  the 
Lawe  booke,  againe,  &  againe,  but  he  refused  to  Looke  in  it. 
Then  I  apprehended  m''  Gunnison  proffered  very  faire,  I 
heard  that  m""  Shaplcigh  Avas  at  the  next  house,  wch  was 
neare  bye,  I  went  to  him  and  told  him  what  m""  Gunnison 
said ;  his  answere  was  that  the  Marshall  should  goe  on  in 
what  he  was  about  &  doe  his  office.  Then  I  came  into  the 
house  againe  ;  the  Marshall  then  innnediately  called  me  out 
of  doors  ;  before  I  could  speake  with  him  ;  the  dore  was 
shutt ;  then  m""  Shapleigh  bid  the  Marshall  leavy  on  the 
goods  without,  ])ut  not  touch  any  of  the  Land  he  sold  to  m"" 
Gunnison  ;  then  the  Marshall  charged  me  to  assist  him, 
m""  Gunnison  being  shutt  up  in  his  house,  and  he  did  leavy 
on  the  estate  of  m""  Gunnison,  in  howseing.  Lands,  Coppers, 


106  DOCUIVIENTART  HISTORY 

Gunns  &  pewter  to  the  value  of  one  hundred  and  seaven 
pounds,  wch  Avas  then  praised ;  besides  thirty  and  foure 
dishes  of  pewter,  and  further  saith  not. 

taken  vpon  oath  this  21"'  of  )  _,     ,„.  , 

A      ^^^^CKA    i.  f  [  Tho  Withrs 

Aprill  1654  :  betore  me —  ) 

All  this  aboue  writting  I  testifi  vpovn  oath  that  it  is  the 

truth  and  none  but  the  truth  witnes  my  hand 

John  Tucker 

This  vnderwritting  by  John  Tucker  was 

written  by  his  owne  hand  &  taken  vpon 

oath  this  22^^^  of  Aprill  1654 

before  me  Tho  Withrs 


Deposition. 

The  Deposition  of  Joseph  Miles  :  aged  about  35  :  j^eares. 
Att  a  publique  towne  meeting  about  the  time  that  pease 
weare  ripe  in  [the]  yeare  1653. 

I  did  heare  m'"  Gunnison  demaund  of  m""  Nicolas  Shapleigh 
to  come  downe  &  to  lay  out  his  Laud  w°''  the  said  m""  Gunni- 
son bought  of  &  to  bring  downe  his  Deed  :  &  ra''  Shapleigh 
did  say  that  he  would  come  downe  &  doe  what  he  Demaunded 
of  him  in  Case  he  would  comply  with  him,  &  the  said  M'' 
Gunnison  told  him  that  he  would.     And  further  saith  not 

taken  vpon  oath  this  21*'^  of  AplL  1654. 
before  me  Tho  AYithrs 


Deposition. 

I  William  Reves  aged  38  years  or  ther  a  bowte  Doe  teas- 
tifie  that  then  belonging  to  John  Treworthis  barke  Called 
the  bacheler  being  a  bowte  16  or  17  years  agoe,  hearing  svm 
dispvte  betwne  John  Treworthie  and  Phillip   Swadn   Con 


or  THE    STATE    OF   MAINE.  107 

serning  the  plase  that  John  Treworthis  howse  then  stvd  on 
which  is  at  piscadeway  river,  at  the  harbers  movthe  near  the 
howse  whar  hvgh  Gollisen  last  built  I  heard  Phillip  Swaden 
say  whos  land  then  it  was  to  John  Treworthie  I  give  yov 
bvt  leave  to  bvild  yovr  howse  and  to  have  fre  egrase  and 
regras  from  the  water  side  to  yovr  howse  and  to  the  sapit 
and  not  else 

Taken  vpou  oath  this  20''^  of  Aprill  1654 
before  mee  Brian  Pendleton 


Depositio7i. 

The  Deposition  of  Joseph  Alcock  aged  about  twenty  yeares 
This  Deponent  being  swoarne  and  examoned  saith  that 
being  warned  by  the  Marshall  of  York  to  assist  him  in  the 
execucon  of  a  speatiall  Warrant  from  the  Counsell  at  Bos- 
town  on  the  estate  of  Hugh  Gunnison  for  Cap*  Nicholas 
Sha[)leigh  the  aforesaid  Deponent  did  heare  John  Davis  tell 
Ca])' :  Xicho  :  Shapleigh  I  goeing  in  the  company  w*^''  him ; 
that  this  estate  of  m"^  Gunnison  was  not  vpprized  to  the  north 
and  the  said  Davis  told  the  s*^  Cp*^  Shapleigh  that  the  vppriz- 
ers  had  gon  contrary  vnto  theire  oathes  and  the  s"^  Cp'  replied 
what  was  that  to  him  :  let  them  sweare  themselues  to  the 
Divell  if  they  would  :  And  furth''  this  deponent  saith  not 

Taken  vpon  oath  this  21*"  of  Aprill  54 
before  me  Edward  Johnson 


Deposition. 

The  Deposition  of  George  Braunson  beinge  aboute  44  yeares 

or  thoare  aboute 

Sayth  that  beinge  at  worke  at  the  house  of  Hugh  Gunni- 
sons  whearc  m""  Shapligh,  did  alowe  sixteene  foote  aboue  the 
old  seller,  iK'gin  to  DD  some  ground  to  Hugh  Gunnison  :  & 


108 


DOCUMENTARY   HISTORY 


goeing  to  stretch  the  line,  was  forwarned  by  Rise  Thomas  to 
DD  any  gro wild  theare,  or  to  stretch  the  line  theare,sayinge 
that  the  sayde  Shapligh  had  noe  grownd  theare,  &  this  depo- 
nent further  sayth  that  after  that  time,  himselfe  &  others 
beinge  at  worke  a  breakeing  vp  grownd  for  a  garden,  the 
sayd  m""  Shapligh  was  theare  present,  &  the  s'^  Rise  Thomas 
came,  then  beinge  the  second  time,  to  the  s'^  Shapligh,  fore- 
warning him,  that  theare  should  bee  any  grownd  broake  vp 
theare,  and  did  alsoe  warne  the  workemen  hee  left  of  at  that 
time,  &  further  sayth  not. 

Taken  vpon  oath  this  22.  of  Aprill  1654 
before  mee  Brian  Pendleton 

Conserninge  the  breakeing  vp  of  the  garden  &  what  is 
abouesaid  aboute  Rise  Thomas  his  forwarninge  the  worke- 
men. I  Thomas  Crocket  beinge  one  of  the  workmen.  Doe 
alsoe  testitie  the  same  as  is  aboue  written 

Taken  vpon  oath  this  22^'^  of  Aprill  1654 
Before  mee  Brian  Pendleton 


Deposition. 

The  Deposition  of  Thomas  Crocket  aged  aboute  43  yeares 
S'"  for  the  tearme  of  3.  or  4.  yeares  that  Sarah  Linn  widdow 
was  Tenant  to  m""  Nicholas  Shapleigh  in  an  old  house  at  the 
Rivers  mouth  at  puscataquah  &  that  the  s"^  Sarah  had  not 
any  privilidge  to  the  house,  but  the  bare  house  onelie  nott 
Could  not  Cut  any  wood  withoute  the  Leaue  of  Lauender  & 
Billin  :  &  further  sayth  not 

Taken  vpon  oath  this  22*'^  of  Aprill  1654 
Before  mee  Brian  Pendleton 


OF  THE  STATE  OF  MAINE.  109 

Dejposition. 

The  DepositioD  of  Robert  Meudam  aged  50  :  &  Joseph  Miles 

aged  35  yeares. 

Theise  Deponents  doe  testify  that  there  being  some  difFer- 
rence  about  levying  an  execution  for  m''  Shapleigh  vpon  the 
estate  of  m""  Gunnison,  after  the  Marshall  &  the  Constable 
was  gone  out  of  ui""  Gunnisons  dwelling  house,  &,  m''  Gunni- 
son keeping  himselfe  in  his  house,  the  wife  of  m""  Gunnison 
came  to  the  house  next  bye,  where  m''  Shapleigh  was,  & 
said  her  husband  sent  hir  to  tender  them  goods  in  her  hus- 
bands behalfe,  saying,  hir  husband  sent  hir,  wch  was  there 
present,  m''  Shapleigh,  Edward  Colcott  the  Marshall  &  the 
Consta1)le  with  many  others,  she  saying  that  if  they  wanted 
goods  for  theire  execution  according  to  la  we,  there  was 
goods  enough  without,  they  need  not  come  into  his  dwelling 
house,  to  riffle  his  house  &  to  take  his  liuely-hood  in  his 
house ;  but  if  there  were  not  enough  of  such  Lands  and 
houseing  as  she  tendred  without  dores,  she  said  he  should 
take  the  house  over  his  head  &  in  case  that  was  not  enough, 
they  should  Come  peaceably  to  his  dwelling  house  &  take 
what  was  there,  &  in  case  that  was  not  enough  they  should 
haiie  his  person  to  prison  with  him. 

Taken  vpon  oath  this  22.  of  aprill  1654 
be  foor  me  Tho  AVithrs 


Deposition. 

The  Deposition  Thomas  Crawly  aged  36  :  years 
This  Deponent  saith  that  m""  Gunnison  attached  a  Judg- 
ment of  eighty  pounds  grauntcd  to  Nicolas  Shapleigh  a 
Court  held  at  Yorke  the  25'"  of  October  1653.  m--  Kusford 
grauntcd  an  execution  the  14"'  of  December  following.  In 
January  this  Deponent  Demaunded  a  repleivin  at  the  Comis- 


110  DOCUMENT AEY   HISTORY 

sion  Court  vpon  a  Judgment  that  was  attached,  of  wch  he 
was  denied  by  m''  Rusford.  ffurther  this  Deponent  saith 
that  vpon  the  22*''  of  March  following  there  was  by  the  said 
m''  Rusford  a  Repleivin  graunted  to  m'"  Nicolas  Shapleigh 
againe  against  m""  Hugh  Gunnison.  Aprill  the  21"'  1654,  this 
Deponent  went  to  n^  Rusford  &  Demaunded  a  Repleivin  in 
the  behalfe  of  Rice  Thomas,  and  m""  Rusford  said  he  would 
not  let  him  have  a  Repleivin  though  he  would  give  him  in 
securitie,  because  he  had  graunted  a  Repleivin  to  m''  Shap- 
leigh, &  there  was  like  to  come  some  trouble  vpon  it,  &  soe 
this  Deponent  was  forct  to  goe  away  without  it.  And  fur- 
ther this  Deponent  saith  not. 

Taken  vpon  oath  this  22**^  of 
Aprill :  1654  :    before  me 
Tho  Withrs 


Deposition. 

The  Deposicon    of   Gowen  Wilson   of  Kittery :    aged   36 : 

yeares. 

This  Deponent  saith  that  when  the  Marshall  came  the 
second  time  to  Deliuer  m''  Shapleigh  the  goods  formerly 
praised ;  M""  Gunnison  &  the  Marshall  had  some  discourse 
conserning  theire  proceeding,  And  the  Marshall  being  some- 
what troubled  whether  he  had  not  gone  Contrary  to  Lawe 
or  not,  m''  Shapleigh  pressing  him  to  deliuer  the  goods  ;  M'' 
Gunnison  said  to  him,  in  Case  he  were  doubtfuU  in  the  Case 
he  should  keepe  the  goods  in  his  owne  possession  till  a  fur- 
ther tryall,  and  answere  m"^  Shapleigh  the  Debt,  and  he 
would  put  him  in  two  hundred  pounds  securitie  besides  the 
goods,  to  beare  him  harmeles  in  Case  n/  Shapleigh  did  cast 
him  in  this  Case. 

taken  vpon  oath  the  24  of  Aprill  1654 
be  foor  me  Tho  Withrs 


OF  THE  STATE  OF  MAINE.  Ill 

Deposition. 

The  Deposicofil  of  Gowen  Wilson  aged  36  ;  yeares  — 
This  Deponent  saith  that  he  being  present  when  the  goods 
of  m""  Gunnison  were  Deliuered  by  the  Marshall  to  m''  Shap- 
leigh  without  any  molestation  of  or  by  m^  Gunnison  w*"*" 
goods  were  formerly  leavied  by  vertue  of  an  execution 
obtained  by  m'  Shapleigh.  M""  Gunnison  &  m""  Shapleigh 
had  discourse  about  the  goods,  in  soe  much  that  they  came 
to  this  conclusion  that  night  that  m''  Shapleigh  would  let  the 
goods  remaine  with  ni''  Gunnison  two  or  three  dayes  till  m'' 
Gunnison  could  come  to  him  &  bring  a  freind  or  two  with 
him  to  see  if  they  could  compose  the  busines  without  any 
further  trouble ;  to  wch  they  both  agreed,  &  that  m""  Gunni- 
son did  gmise  that  the  goods  should  be  responsible  to  m'' 
Shapleigh  at  all  demaunds  in  case  they  could  not  agree, 
Then  m""  Shapleigh  riseiug  vp  &  goeing  out  of  the  house, 
came  in  againe,  in  a  little  space  of  time  and  told  m""  Gunni- 
son if  he  would  conclude  that  night  well  &  good  :  if  not ;  he 
was  resolued  in  his  way,  for  that  he  would  conclude  it  before 
he  went  home,  and  soe  the  next  morning  he  pulled  doune 
the  Copper  &  the  still,  with  such  other  things  as  was 
extended  &  carried  them  away  with  him  :  further  this  Depo- 
nent saith  not. 

Taken  vpon  oath  this  24*"^  of 
Aprill  1654  :  before  me 
Tho  Withrs 


Deposition. 

The  Deposicofil :    of  Gowen  Wilson   of  Kittery,  aged  36  : 

yeares  — 

This  Deponent  saith  that  being  in  the  house  of  \W  Hugh 
Gunnison  some  Certaine  time  after  the  Goods  of  Hugh  Gun- 
nison were  praised  for  in'  Shapleigh  ho  heard  Robert  Men- 


112  DOCUMENTAEY   HISTORr 

dam  say  that  he  did  not  regard  how  he  praised  them  though 
he  was  chosen  thereto,  because  he  thought  m""  Gunnison 
would  not  lett  them  goe. 

Memorandid  :  that  before  this  Deponent  tooke  his  oath 
there  was  one  word  enterlined  in  the  fourth  line  which  was  : 
Eegard. 

taken  vpon  oath  this  24*^  of 
aprill  1654  befoor  me 
Tho  Withrs 


Deposition. 

The  deposicon  of  Phillip  Swadden 
This  Deponent  saith  that  John  Treworgy  had  noe  more 
graunted  to  him  vpon  the  neck  of  Land,  on  wch  m'"  Hugh 
Gunnison  now  liueth  in  the  great  harbour  of  Pascattaquack 
on  Kittery  side,  but  to  build  a  house  in  the  said  Coue  where 
m''  Gunnison  now  liueth,  and  to  haue  from  the  house  to  the 
well  &  alsoe  to  the  water  side  free  eagress  &  regresse.  wch 
lay  directly  downe  from  the  house  to  the  water  — 

Taken  this  24*'^  of  ApH.  1654  ^ 

vpon  oath  before  me I 

Tho  Withrs  ( 


DeiMsition. 

The  Deposition  of  John  Andrewes  of  Kittery  :  54  :  yeares 

aged. 

This  Deponent  saith  that  m''  John  Treworgy  had  noe 
leaue  or  graunt  to  build  any  thing  vpon  the  neck  of  Land  on 
wch  m''  Hugh  Gunnison  now  liueth  in  the  great  harbour  of 
Pascattaquack,  but  onely  a  Magazeene  house,  or  store  house 


OF    THE    STATE    OF    MAINE.  113 

■with  eagress  &  regress  from  the  same  to  the  water  side, 
Xeyther  was  there  any  more  by  him  desired  or  auy  other 
for  him. 

taken  vpon  oath  this  24  of  aprill  1654 
be  foor  me  Tho  AVithrs 


Deposition. 

this  I  Bengimiue  Gillam  depose  further 
vpon  y*^  oath  that  I  haue  taken  as 
follow'^ 
That  I  &  Mark  Munns  sent  for  m"  Gunnison  by  Goye 
Wilson  to  George  Waltons  &  thare  tendered  her  y*  if  shee 
would  accept  of  y*  Copper  againe  wee  would  paie  for  it  at  o'' 
owne  charges  &  shee  would  not  be  beholding  to  Cap*  Shap- 
leigh  attall,  &  set  it  vp  at  o""  charge  m"  Gunnison  answeared 
y'  shee  thanked  vs  for  o""  loue  but  shee  could  not  accept  of  it 
because  it  would  mar  or  wrong  her  Case  &  her  husban  was 
not  at  home,  further  y^  depon*  sayeth  y'  he  heard  Cap* 
Shapleigh  tender  m""  Gunnison  security  that  he  should 
Injoye  his  land  in  case  he  would  pay  fort,  &  no  man  should 
molest  or  hender  him  of  it,  &  this  proffer  was  made  by  Cap' 
Shapleigh  before  any  of  y*^  goods  was  sturd  or  mooued,  & 
likewise  y*"  s''  Cap*  Shapleigh  did  offer  y^  s*^  m''  Gunnison  to 
refer  all  diferences  w'^''  he  pretended  betweene  them  to  indef- 
erent  men.  Except  y®  Executon  &  a  l)usines  of  John  Tre- 
worgys  &  if  any  thing  fownd  due  vnto  y®  s'^  Gunnison  hee 
would  paie  him  p''sently  to  content,  &  this  I  suppose  had 
beene  accepted  had  not  Cap*  Shapleigh  &  m'*'  Gunnison 
diffonMl  in  som  words,  &  y"  depu*  vsed  all  nieanes  for  peace 
by  letter  &  other  wise  whareof  I  haue  giuen  a  true  Coppie 
to  y''  Court,  the  dcpon*  alsoe  sayeth  that  Cap*  Shapleigh 
tooke  drinkc  &  drunke  it  at  George  "Waltons  w*''  a  protes- 
tation y*  thare  could  nothing  apeare  against  him  consering 


114  DOCUMENT AEY   HISTORY 

y®  makeing  ouer  his  land,  &  further  sayecl  that  he  had  not 
past  his  Estate  out  of  his  hand  to  any  man. 

Sworne  in  Court  12''^  May  1654 
Edward  Rawson  Secret 


Z)eposition. 

the  deposiecion  of  m'"  Benjimine  Gillam  Eaged 

45  years  or  thare  abouts  and  m*"  jNIarke  Muns 

Eaged  30  years  or  thare  abouts  doeth  depose 

to  y®  trueth  of  all  y®  perticulars  here  vnder 

writen , 

This  Deponants  testifie  that  he  being  at  m''  Gullisons  one 

yt  23"'  of  y®  1™°  53.  at  w'^'^  tynie  Nicho  :  Shapleigh  was  thare 

about  leaueing  an  Execution,  one  certaine  goods  and  houses, 

at  w'^''  y*^  s*^  Gullison  &  his  wife  ware  much  Trobled,  vpon 

W"'^''  occastion  the  depon'  Spoke  to  Shapleigh  y'  hee  would 

let  alone  the  ffurneses  &  other  things  as  the  ware  in  y**  s*^ 

Gullisons  hand  to  w'^^  the  s*^  Shapleigh  answered  y*  he  would 

doe  any  thing  y*  was  racionall :  w''''  all  desiered  the  depon' 

to  Speke  to  m''  Gullison  y*^  if  he  would  come  &  desier  y*^  s^ 

Shapleigh  to  Let  all  things  remaine  as  y**  ware,  he  would 

willing  leaue  them  ;  this  was  before  y°  furneses  w^ere  medeld 

w"'  all,  but  when  s'*  depon*^  went  to  m''  Gullison  to  Intreat 

and  pswead  him  to  goe  to  y*^  s*^  Shapleigh  to  intreat  him  to 

leaue  y*^  things,  m'"  Gullison  made  answar  That  he  would  not 

speake  to  him  in  no  Case,  but  saied  let  him  doe  w^hat  hee 

pleased ;  alsoe  the  depon*  sayes  y*  after  all  was  ended,  that 

he  heered  y**  s''  Shapleigh  profer  vnto  n/'  Gullison  y'  if  shee 

plesed  they  might  remaine  In  y^  house  &  make  vse  of  y** 

planting  growend  for  due  consideration,  &  if  any  thing  was 

vnder  vallued  he  told  them  y"  might  haue  them  at  y^  same 

price. 

Sworne  before  y^  Court  12  May  1654 
Edw.  Rawson  Secret. 


OF   THE    STATE   OF   MAINE.  115 


Deposition. 


Marke  Munns  aged  30  yeares  or  there- 
abouts Depouseth  and  Saith 
Being  at  Pascataqua  on  occasion  at  y®  house  of  Hugh 
Gunison  where,  and  at  which  time,  there  Came  Mr.  Shap- 
leigh  and  y®  Marshall  w*"^  him  whoe  by  virtue  of  a  speciall 
warrant  Seized  vppon  y®  goods  of  M''  Gunison  ffor  M''  Shap- 
leigh  and  deliQd  them  vnto  him  wherevpon  m*"  Gunison  then 
by  the  Mai*shall   attached  the  said   Goods :    mr  Shapleigh 
flforthwith  Repleived  them  saying  hee  had  it  Ready  Cutt  and 
Dryed,  M""  Gunison  seeing  y*  his  goods  were  layd  fast  hold 
of.  Came  to  m'"  Shapleigh  and  Desired  him  y*^  he  would  bee 
pleased  to  lett  y®  goods  stand,  And  hee  as  soone  as  he  Could 
would  giue  in  security  for  them  or  else  ])ring  twoe  or  three 
men  either  to  m''  Shapleighs  house  or  else  where  to  see  if 
they  could  end  it  the  goods  in  y"  meane  time  to  remaine  as 
they  were :  &  if  they  could  not  agree  then  m""  Shapleigh  to 
take  his  Course  :  wherevnto  m""  Shapleigh  seemed  to  Con- 
sent reserueing  his  power  still  in  his  hand,  Soe  M""  Shap- 
leigh went  forth  M""  Gillani  being  without  dores,  and  when 
hee  came  in  againe  hee  said  yf  yo"  will  nott  end  the  busi- 
nes  now  I  will  take  my  Course :   wherevnto  m''  Gunison 
Answered  M""  Shapleigh  if  you  will  stand  to  what  hath  bin 
tendred  So  :  yf  nott  you  may  take  yo''  Course  ffor  it  is  verry 
late  &  I  am  very  weary  and  cannot  at  this  time  aggitate  any 
Longer,  &   forthwith  went  to  bed  :    the   next  Mornoing  I 
came     forth    &  I   Askt   m''  Shapleigh    w*  they    wold    doe 
whetiier  they  wold  agree  or  not,  Mr  Shapleigh  said,  no, 
they  stand  off  as  they  did  last  night :  Soe  IMr   Shapleigh 
Culled  the  Marshall  to  dcliucr  him  y"  goods;  whoe  did  soe, 
saying  there  bee  yo''  goods  take  them  &c :  Then  Mr  Shap- 
leigh went  himselfe  to  pull  y"  goods  downe  and  Desired  M}'' 
selfc  and  some  others  by  to  assist  him  I  refused  &  so(!  did 
others  to  medle  with  other  mens  i^oods  —  Xotwithstaiidiiiir 


116  DOCUMENT AET   HISTOET 

m^  Shapleigh  went  on  &  puld  downe  y^  still  first  &  while  he 
was  soe  doeing  I  intreated  him  to  let  them  stand  &  hee  said 
If  Huffh  Gunison  will  ask  mee  I  will :  Then  I  went  to  m"" 
Gunison  &  desired  him  to  speak  to  jNP  Shapleigh :  &  hee 
replied  hee  had  allready :  askt  him  and  durst  not  goe  in 
again e  as  hee  shold  bee  gvoackt  by  seeing  his  goods  soe 
abused  &c,  soe  w  m""  Shapleigh  had  donne  my  selfe  &  some 
others  fFor  y®  safety  of  y*^  goods  sake  helpt  them  into  y® 
boate  least  they  should  bee  damaged  by  bruiseing  :  &  further 
sayth  nott 

taken  vpon  oath  the  15**^  of  the  3"*  m°  1654 
before  mee  Increase  Nowell 


Whereas  there  is  a  Complaint  or  an  action  By  M*"  Shap- 
leigh against  Hugh  Gunison  ffor  not  pformeing  a  Covenant 
of  eighty  pounds,  my  Desire  therefore  is  Respite  of  tryall  on 
these  grounds,  ffirst  the  shortnes  of  time,  it  being  a  speciall 
Courte  &  I  not  gvided  and  farther  seeing  y*  these  Ingage- 
ments  Ly  on  mee  ffor  M""  Shapleigh.  — 

ffirst  goods  delliverd  M^  John  Treworgey  20  :=15  :     03 

H  :  more  goods  &  moneyes  DD  M'  Shapleigh  14  :     08  :     06 
H  :  A  sellar  which  M''  Shapleigh  detayn- 

eth  at  Pasquai*^  07  :     00  :     00 

H     Moi-e  I  am  bound  in  Bond  for  M""  Shap- 
leigh vnto  Cap*  Leverit  of  Boston  30  :     00  :     00 
H     More  I  am  Charged  By  Mark  Hamms 
ff  dead  ffraught  ffor  Cap'  Leueretts 
pay   being    not    Ready   when    his       04 :     00 :     00 
Boate  Came  — 
H     more  M""  Shapleigh  hath  in  his  hand 

due  to  me  as  hee  is  treasurer  ffor       36  ;     06  :     05 
y«  Countrey 


OF   THE    STATE    OF   MAESTE.  117 

And  ffarther  this  Coueiit  is  ifor  A  trackt  of  Land  y'  I 
cold  never  yett  gett  Deliuered  By  M""  Shapleigh  nor  Bounded 
according  to  Couen'  And  to  informe  yo'''  that  this  tract  of 
Land  is  now  sold  and  Morgaged  three  times  as  Records  & 
proofs  will  make  appeare  &  ffarther  himselfe  hath  Declared 
what  estate  hee  hath  is  sure  from  him  or  any  else,  and  this 
tract  of  Land  hath  bin  Demanded  by  mee  of  M""  Shapleigh 
sefiall  times  And  the  Last  time  in  A  publique  towne  meeteing 
&  yett  nott  Delilid  and  this  Land  lyeth  in  difference  which 
hee  Layeth  Claime  vnto)  By  three  men,  and  for  the  Cleare- 
ing  of  it  A  petcon  was  p''fered  to  o""  Court  by  my  selfe  and 
granted  to  y®  devideing  this  Land  :  &  men  appoynted  and  a 
day  sett  &  was  never  regarded  by  them,  But  by  my  selfe  & 
therefore  my  desire  is  y*^  these  sales  and  Morgages  may  by 
Cleared,  seing  no  Cleare  estate  can  be  found  of  M""  Shap- 
leighs  :  H  :  Tryall  gceed  &  I  shall  &  will  make  good  my 
ingagements  this  being  donne  —  •  , 

17  May  1654. 


To  the  Marshall  of  the  county  of  yorkeshire  or  his  Deputy 

22  of  March  53 

You  are  required  to  replivy  the  goods  of  M''  Nicholas 
Shapley  w'^''  are  attatched  by  m""  Hugh  Gunnison,  or  any 
other  to  the  valew  of  one  hundred  and  twenty  pounds  pvided 
that  m''  Shapley  giuc  bond  to  the  valew  of  two  hundred  w"' 
sufPunent  suerty  or  suertyes  to  psicute  his  replevy  at  the 
next  Court  liolden  for  the  County  of  York  :  and  from  Court 
to  Court  till  the  case  be  ender  and  to  pay  such  costs  and 
daiuagoH  as  the  said  Hugh  Gunnison  ]>y  law  shall  recover 
ags'  him. 


li 
15. 

0. 

0 

12. 

0. 

0 

2. 

0. 

0 

60. 

0. 

0 

118  DOCUMENTAEY   HISTOET 

"Coppy  of  the  last  Replevin  of  the  goods  attached. 

Imprimis  one  bruing  copper 
It       one  still  and  worme  at 
It        for  two  small  sunns  w^^ 

the  carreges 
It       for  his  dwelling  house  wherein  he  lines 
It       for  34  peuter  dishes  of  great  and  small 

peuter  one  shilling  six  pence  p  pounds 
It        for  the  house  and  land  w*^'^  was 

formerly  Launders  18.     0.     0 

The  vpprizers  were  Robert  Mendum  and  Jn°  Deamant 
being  swoaren 

These  goods  lands  and  chatties  abouesaid  being  formerly 
M''  Hugh  Guunisons  was  leavied  and  served  by  way  of 
execucon  by  me  Hen.  Norton  marshall  the  21"'  of  December 
53  to  satisfy  a  deabt  of  m'  Nicholas  Shapley  of  88"  9* 

17  May  1654 


To  y®  Houno''d  Gouemo''  Deputy  Governo''  Mag- 
istrates &  Houno''d  Deputies  of  y^  Geijerall 
Courte  Now  assembled  in  Boston  the  Humble 
Peticon  of  Hugh  Gunnison  Humbly  sheweth 
That  by  some  Request  of  Nicholas  Shapleigh  to  y°  Gou- 
ernor  &  other  y  magistrates  of  this  Jurisdiction  ffor  the 
calling  of  a  speciall  Court  in  y°  County  of  York  and  y''  great 
necessitie  M  shapleigh  p''tended  to  y®  Magistrats  ifor  such  a 
Court,  Soe  a  warrant  was  granted  as  yo''  petitioner  conceives 
for  y®  Calling  a  special  Courte  for  y^  suppressing  disorders 
by  psons  that  disturb  y'^  peace  of  those  pviuces  that  newly 
Came  vnder  the  obedience  of  this  Jurisdiction,  Soe  vpou  y® 


OF    THE    STATE    OF    MAIXE.  119 

25"^  of  October  last  a  Courte  was  Called  at  York,  and 
instead  of  Calling  psous  to  accompt  y'  were  y^  disturbers  of 
y^gvinee,  Civell  actions  against  ptie  and  ptie  were  called, 
Soe  that  y*^  houno'"d  Gonerno''  and  magistrates  are  much 
abused,  that  their  Comission  for  a  spetiall  Courte  was  uott 
attended  vnto,  and  not  to  make  a  County  Court  of  a  speciall 
Court,  in  soe  much  that  y^  inhabitants  findes  themselues 
greived  to  bare  y*^  burthen  of  such  Courts  which  is  Contrary 
to  their  liberties. 

Soe  not  only  others  were  brought  to  tryall  vpon  Cyvell 
actions  But  yo""  petitioner  by  M""  Nich  shapleigh  was  like- 
wise brought  to  tryall,  who  demanded  of  y*  Court,  by  what 
power  hee  w  to  ansere  Contrary  to  Law,  being  but  a 
speciall  Court 

disturbed  y'^  peace  of  ptes 

be  pduced,  nor  read  in  y'  Court  but  answere  was  made  it 
was  sufficient  y^  Court  had  it,  wherevpon  yo""  petitioner 
Re  Issue  with  W  Shapleigh  :  Soe  y*"  Courte  and  Jury 

tooke  Cogni  of  ^i"  Shapleighs  Cause  and  granted  him  a 
Judgement  on  this  Judgement  Comes  out  execution  for  m"^ 
Shapleigh  with  y®  Marshall  of  Comes  to  leavic  it  vpon  yo"" 
petitioners  estate  &  yo""  petitioner  would  haue  shewne  him 
Goods  without  Dores,  but  this  would  not  serve  his  turne, 
but  very  Ruggedly  enters  yo""  petitioners  house  seizeth  that, 
his  pewter,  brewing  furnace,  still  and  worme,  and  planting 
feild  gunnes  and  other  amunition  and  would  haue  taken 
away  y^  bedding  of  my  family,  when  this  was  donne  before 
it  was  Carried  away,  yo""  petitioner  Attached  these  goods  to 
answere  yo""  petitioner  in  an  action  of  Review  at  y"  next 
County  Courte  to  bee  holden  at  York,  but  at  y'  instant  a 
Replcive  was  granted  vnder  y^  hand  of  M""  Rushworth  Clark 
of  \'^  C()urt(!  of  Soe  i)ulls  Dowhc  y"  furnace  and  still,  carr3'cs 
away  y"  Gumies,  wiiich  is  done  as  yo""  petitioner  Conceives 
all  Contray  to  Law  :  to  his  vtter  vndoeing,  and  (juite  dis- 


120  DOCIBIENTAEY   HISTOEY 

abling  for  j'^  future  fibr  to  carry  on  his  Calling  to  y®  may- 
taynance  of  himselfe  and  faoiyly,  but  much  more  may  bee 
said,  of  M""  Shapleigh  his  Carriages  in  y''  p^'mises  :  But  yo'' 
petitioner  is  loath  to  bee  over  troublesome  :  Desires  that  by 
Declaration  hee  may  have  full  Liberty  to  make  his  pleas 
before  this  houno'd  Court  : 

1  Your  Petioners  humble  Request  to  this  houno'^ed  Court 
is  that  yo^  will  bee  pleased  to  call  for  the  Warrant  By  which 
this  Court  was  Calld,  by  which  yo^""  will  finde  y*  y®  warrant 
was  directed  especially  to  Majo'"  Daniell  Denison,  that  he 
was  to  sit  in  that  Court  but  hee  Came  not  neither  doe  yo*^ 
petitioner  Conceive  had  notis  thereof  nor  was  there  a  full 
Court  of  Magistrats  and  associates,  for  there  was  but  one 
Magistrate  and  two  assotiates  which  could  not  bee  a  Court 
according  to  Law  : 

2  Secondly  :  that  M''  Shapleigh  his  petition  to  the  Gov- 
erno''  and  Magestrates  may  be  brought  forth,  by  which  it 
will  appeare  w*  p'^tenses  hee  made  for  the  obtayneing  of  such 
a  Court  which  will  evidence  that  M''  Shapleigh  Saruptitiously 
obtayned  this  Courte  to  Carry  through  his  owne  pollitick 
ends,  to  the  discontent  of  the  inhabitants,  who  are  Con- 
strayned  to  beare  the  charge  of  this  vnnecessary  Courte. 

■  3  Thirdly  that  yo""  petitioner  may  have  order  for  y® 
Restoreing  his  goods  againe  from  M""  Shapleigh  w"^  Such 
Just  Recompence  as  this  hon''d  Court  shall  think  fitt  for 
takeing  his  goods  away. 

4  ifourthly  y*  a  full  heareing  may  bee  granted  yo""  peti- 
tioner bate  the  wholl  Cause  and  his  greivances 
before  this  houno''d  Court  that  soe  y''  truth  may  appeare  the 
houno'"d  Magistrates  ties  will  bee  the  more 
houno^^d  by  the  people,  God  have  his  glory  &  yo""  petitioner 
Rio'hted  according  to  equity  &  as  in  duty  bound  shall  dayly 
pray  for  yo''  eternall  Happiness  :/ 


OF  THE  STATE  OF  MAINE.  121 

Petition  of  JVic.  Shapleigh. 

To  honered  Counsel  or  Court  of  Assistance  nowe 
Assembled  at  Boston 
The  humble 
petecion  of 
Nicho.  Shapleigh 

Sheweth  that  whereas  yo'"  peticon""  had  a  Judgm* 
and  Execution  from  y"^  County  Court  of  Yorke 
Against  y®  pson  or  Estaet  of  m'  Gunnison  wch 
was  Leaued  vpon  sertain  goods  &  praized 
according  to  Law,  but  rescued  by  y®  s**  m'^ 
Gunnison,  where  vpon  yo""  peticon""  humbly 
Complaineth  to  yo'"  wor^  for  Releefe  herein  &  yo""  peticion'' 
shall  euer  praie  for  yo''  wor*  &c  : 

Yo""  Wor«  to  Coinand 

Nic :  Shapleigh 


Petition  of  Edward  Godfrey  1654. 

To  the  Hon""  Gou^cr  Deputy   Go""  the   mar*'  & 

Deputies    of    the    Court    now   assembled   the 

Ilumbt  petition    of  Edward   Godfrey   of  the 

Tovvne  of  Yorke 

Sheweth  that  hee  hath  binno  a  well  wilier  Incourager  & 

furdercr  of  thes  Collones  of  Nue  England  for  45  ycares  past 

&  aboue  32    yeares  an   aduenterer  one  that  desine  &  :    24 

ycares  an  Inhabitant  in  this  place  the  f3'rst  that  euer  bylt  or 

setteled  thcr :  some  18  yeares  passed  by  oppression  of  Sir 

fliiiliiKiiido  Gorges  was  fforsed  to  goe  to  p]ngland  to  pcuor  a 

a  P;ittcii  from  the  Counscll  of  New  England  for  him  selfe  & 

part(!ners  the  South  sid  to  Sir  Firdnedo  Gorges  &  onely  the 

North  sid  to  him  selfc  &  diuers  others  his  assosiattes. 


122  DOCinvIENTARY   HISTORY 

Certen  yeares  after  some  settelment  the  Inhabitance  peti- 
cioned  to  haue  other  lands  hiid  out  &  deeds  for  the  same 
w^*^  was  granted  and  by  that  occatiou  the  whole  Bounds  of 
the  Pattent  were  deuided  as  vppon  Record  appereth  but 
sence  that  time  the  Inhabitance  haue  binne  soe  Bould  as 
amonorst  them  selues  to  share  &  deuid  those  lottes  &  ppor- 
tions  of  land  as  ware  soe  long  time  sence  alotted  being  not 
proportionable  &  Considerable  to  our  great  Charge  as  by  a 
Drauft  of  the  Riuer  &  diuision  of  the  same  will  appeer  to 
this  Ho'  Court  this  diuision  was  made  by  order  of  Court  & 
by  all  frely  alowed  in  An°  40  &  41  and  sence  when  wee 
came  vnder  this  Gouerment  Confyrmed  as  will  appeer, 

And  the  proportions  to  bee  lesse  then  many  that  came 
saruantes  all  the  marches  almost  disposed  of  by  the  Iniiabi- 
tance  &  ys  petito'  Rentes  &  acknowledgments  detayned 
hauing  not  marsh  left  him  to  keepe  5  head  of  Cattell  in  this 
Cause  it  pleased  the  Council  to  send  a  Suinons  to  the  Inhab- 
itances  &  some  of  Yorke  by  name  w'=''  I  heere  was  f\uthfully 
&  safe  deliuerd  vnto  them  in  time  w^"^  I  p-'sume  they  will 
obeye 

Humbly  desireth  his  Cause  may  bee  heard  &  Judicated  by 
this  Ho.  Court 

The  magis*'  desier  the  Case  in  y^  peticone 
menconed  shall  be  heard  by  y'^  whole 
Court  on  y''  fowe'"th  day  next  desiring 
theire  bretheren  the  Depu''^  Consent 
hereto. 
30  octobe''  54  Edw  Rawson  Secret 

The  Deputyes  Consent  hereto 

William  Torrey  Cleric 


OF    THE    STATE    OF    MAINE.  123 

Complaint  of  Edward  Godfrey  JSfov.  2.  1654. 

In  the  Case  of  m""  Edward  Godfry'  Complaint  against  the 
Toune  of  Yorke  abou*  Lands. 

Itt  is  Ordered  by  &  w^''  consents  of  y''  s*^  wV  Godfry  and 
m''  Edw  :  Rushworth  in  behalfe  of  the  Toune  of  yorke  that 
m'  W""  "Worcester  shall  be  and  are  heereby  Appointed  Com- 
issione""^  from  this  Court  to  heare  and  determine  all  the  dif- 
ferences between  y'*  s'^  m"  Godfry  and  the  Toune  of  Yorke 
in  referenc  to  a  meete  proportion  of  lands  to  be  Allowed  y® 
s**  m'  Godfry  according  to  his  demerritts,  as  also  for  his 
charge  in  Attendanc  on  y"  Court  and  the  said  Comissione" 
are  heereby  desired  to  make  a  full  end  of  this  buisenes  by 
yMast  of  Aprill,  1655. 

the  magis*'  haue  past  this  w*''  Reference  to  the  Consent  of 
theire  bretheren  the  deput*  heereto 

2  Nouember 

1654  ;  Edw  :  Rawson  Secret. 

The  Deputies  Consent  hereto 

William  Torrey  cleric 


To  the  Inha])itants  of  Yorke 
Whereas  m""  Edward  Godfrey  hath  Complained  to  this 
Court  of  vnkind  if  not  unjust  dealing  he  hath  mett  w"' 
amongst  you  in  reference  to  a  meete  proportion  of  land  sut- 
able  to  his  endeauours  charges  and  claimes,  that  we  might 
putt  a  convenient  and  comfortal)le  issue  to  this  diilerence 
botweenc  you  we  haue  Coniissioned  (w"'  both  your  con- 
sents) m""  Worster  m""  Brooke  &  m''  Hill  to  heare  &  deter- 
mine the  case  before  the  end  of  Ai)ril  next  and  doe  desire  & 
expect  that  you  will  readily  attend  such  conclusions  as  they 


124  DOCUMENTARY   HISTORY 

shall  make,  and  invent  any  cause  of  further  Coraplamt  on 
his  part,  which  seemes  not  to  haue  beene  w"'out  cause  : 
2  Nouenibe''  54  The  magis*^  haue  past  this  with 

Reference  to  the  Consent  of 
theire  bretheren  the  depu^^ 
heereto. 

Edw.  Rawson  Secret 

The  Deputies  Consent  hereto 

William  Torrey  Cleric. 


The  meaning  of  y'  Court  is  that  each  particular  pson  con- 
cerned is  included  as  well  as  the  Towne  joyntly  in  the  busi- 
nes  above  mentioned 

8  Nouember  1654  voted  by  y®  magistrates./ 

Ri.  Bellingham  Gov"^ 
Consented  to  by  y^  Deputyes 

p  Richard  Russell  Speaker 


Petition  of  the  Inhabitants  of  York. 

To  the  Hono''d  the  Generall  Court  now  assem- 
bled at  Boston, 
The  Humble  petition  of  the  Inhabitants  of  the 
Towne  of  Yorke 
Sheweth 

That  where  as  there  was  certen  Complaynts  exhibited 
aganst  us,  the  Inhabitants  of  the  s*^  Towne,  at  the  Last 
sitting  of  the  Generall  Court,  by  Mr.  Edward  Godfrey, 
declaring  as  if  we  had  unjustly  detayned  seuerall  of  his 
Lands  &  Impropriations  from  him  :  ffor  the  rectifying  w''of, 
this  Hono''d  Court  takino;  coa^niscence  soe  fare  as  to  Comis- 
sionate  Certen  Gentle  :  with  the  consent  of  ptys  yv'in  con- 
erned,  to  heare  &  determine  such  matters  of  difference  as 


OF  THE  STATE  OF  MAINE.  125 

were  betwixt  us  :  Accordingly  a  hearing  Avas  attended  by 
the  Comissioners,  a  returne  of  there  resolutions  haue  beeue 
transmitted  to  us,  although  dissatisfactory,  for  these  reasons, 
ffirst  because  it  confirmed  to  Mr  Godfrey  such  generall 
unknown  grants,  &  Consequently  rights,  as  at  p'sent  cannot 
be  known  to  us,  in  certenty,  althoe  hereafter  more  may  be 
known  therein  to  our  p''iudice.  21y  because  it  is  not  com- 
mensurate with  the  minds  of  the  Commissioners  them  selues 
openly  declared  to  us  in  Justification  of  our  dealings  with 
Mr  Godfrey,  w^^  there  returne  absolutly  denys.  3Iy  In- 
stead of  excluding  all  other  pleas  (Mr  Godfreys  onely 
excepted)  w'=^  the  Commissio'''  seenid  principally  aymed  at, 
haeth  i)y  Casting  vs  as  the  Injurious,  rather  opened  a  wider 
doore  for  all  others  to  come  in  as  sharers  in  the  like  rights, 
whose  grounds  are  {equally  valid  with  M'^  Godfreys.  41y 
respecting  the  charges  given.  The  Towne  in  generall 

comission"  in 
y  wrong 
they  could  pceaue  to  Mr  Godfrey ; 
How  there 

nmst  be  censured  to  satisfy  any  whom  there 
^sons  haue  not  wronged,  we  leaue  to  the  wisedome  of  this 
Court  to  Judge. 

Our  Humble  request  therefore  to  this  Ho'"'' 
Court  is  that  they  would  be  plcasd  to 
take  into  consideration,  how  little  safety 
may  follow  the  Confirming  of  vnknown 
grants,  how  great  pnejudice  nuist  re- 
downe  to  the  well  being  of  a  Towne,  w"" 
considerable  quantitys  of  Land  are  dis- 
pos'd  of  to  jkicular  psons  in  conucnient 
places  for  the  settling  thereof;  And  how 
fare  cither  in  reason  or  Justis,  jisons.  Can 
be  ingag'd  to  any  charge  towards  such, 
whome  they  haue  not  wi'ong<!d ;  ffor 
Judgcm'   w'of,    we    submissiuely   attend 


126  DOCUMENTARY   HISTOEY 


the  Just  pleasure  of  this  Court,  with 
whom  we  leave  o''  Cause,  for  whose  guid- 
ance &  direction  herein,  as  in  all  matters 
of  greater  weight,  humbly  taking  our 
leaues,  we  pray  vnto  the  Euerlasting 
Counseller  to  assist  &  Counsell 

Ed  :  Rishworth 

Abra,  Preble 

Edward  Johnson 

Henry  Norton 

Artho'  Bragdons      /J  mark 
Witlme  ^--^^^  Dixons  mark 


Silvester    )    /'    Stouer  his  mark 


Richard  Bancks 

John 

Joseph  Emerson 

ffrancis  Raynes 

Peter  Weare 

John  Alcocke 

Nicholas  Dauis 

The  mark  l-T)  of 

Henry  Bunnell 

Robert  Knight  his  marke 

Will:  Hilton 

Thomas  Curtis 

Ed  :  *Start  ^f—  his  mark 

Andrew  Everest 

John  Perse    ^AJ  his  mark 

John  Parker  v^     his  mark 
Georg  A  Parkers  i^ke 


P 


OF  THE  STATE  OF  MAINE. 


127 


Return  April  20,  1655. 

"We  whose  names  are  vnder  written  beinge  appo^^nted 
comission""'  b}'  y''  Gen'""  Court  held  boston  y°  G"'  of  nou'' 
(54)  for  y°  hearinge  &  determinmge  of  all  differences 
betweene  m""  Ed  :  Godfrey  &  y''  towne  of  yorke  after  due 
inquiry,  made  thereinto,  haue  determined  as  ffolloweth  : 
Inp^ 

That  all  such  grants  of  land  as  haue  beene  made  by  m' 
Ed  :  Godfrey  to  any  person  or  persons,  we  confirme  y^  same 
to  him,  &  them  according  to  his  agreement  made  w"'  them 
y*  prst :  whereof  are  as  ffolloweth  : 

Acres  of  vpland  &  medow 


To  m--  Hefi :  Norton 

To  Rich  :  Bankes 

To  Edw  :  Wentum 

To  Tho  :  Curtus 

To  John  Twisdell  sen"" 

To  Rich  Burgis 

To  Sam  :  Adams 

To  Siluester  Storer  &  partners 

more  to  Rich  Burgis 

To  Phillop  Adams 

To  Will.  :\Iore 

To  Peter  A\'ire 

To  John  Gouche 

To  m""  Preble 

more  to  him 

nioi'c;  to  liiiu 

To  John  Alcoke 

To  y"  ministers  house 

To  Pliillop  Adams  &  m)  more 

'J'o  m;  Ellingam  &  Hugh  Goylc 

To  George  Parker 

To  Andray  ICvrit 

To  Pliillop  Adams 


40  0 

10  &  a  p''sill  of  swampe 

30  6 

10  &  a  p''sill  of  swampe 

10  &  a  p'sill  of  swampe 

10  0 

10  0 

30  0 

40  0 

40  0 

40  0 

100  0 

100  0 

020  &  a  p''sill  of  swamp 

10  0 

20  0 

10  &  a  p''sill  of  swamp 

0  6 

0  4 

50  5 

08  0 

06  0 

40  0 


128  DOCIBIENTARY   HISTORY 

Likewise  we  Confirme  all  other  grants  made  b}''  y"^  sayd 
m""  Godfrey  before  y^'  day  of  y""  date  hereof : 

2'y  We  Confirme  to  y^  sayd  m""  Godfrey  his  heires  & 
Assino-es  for  euer  all  such  landes  as  belonge  to  his  house  on 
y®  North  side  of  y*^  riuer  con^inge  30  acres  more  or  lesse  of 
vpland  w"'  three  acres  of  medow  : 

Alsoe  50  acres  of  vpland  lyinge  below  y^  tide  mill  by  y® 
riuer  side,  prouided  y*  y**  pyne  timber  be  reserued  for  y® 
townes  occations 

Alsoe  500  acres  of  vpland  lyinge  on  y^  necke  of  land 
betweene  the  too  branches  of  y*^  sayd  Riuer,  to  be  layd  out 
to  him  by  the  towne  next  adjasent  to  such  grants  as  he  hath 
there  formerly  made  : 

Alsoe  200  acres  of  vpland  lyinge  on  y^  south  side  of  the 
sayd  Riuer  acknowledged  by  the  Inhabytants  to  be  his 

3'^'  Nor  conserninge  y®  marsh  land  in  y"  towneship  vpon 
due  search  we  find  y®  Compl"*  thereof  not  to  exceed  260 
acres  his  grants  thereout  beinge  comfirmed  as  before  ex- 
pressed :  we  doe  moreouer  confirme  to  him  8  acres  of 
Medow  more  or  lesse  lyinge  at  y'^  partinge  of  y®  Riuer, 
Alsoe  7  acres  more  or  lesse  of  Marsh  lately  made  vse  of  by 
John  Twisdell  sen""  w"'  3  acres  more  of  good  marsh  to  be 
layd  out  to  him  by  the  sayd  towne  in  some  couuenyent 
place,  All  w'='^  sayd  parsells  of  lands  wee  conflSrme  to  him 
his  heires  &  Assinges. 

lastly  Conserning  the  said  m''  Godfreye's  his  charge  in 
attendinge  the  sayd  Genlt  Courte  we  doe  determine  y'  the 
sayd  towne  shall  alow  him  fine  pound  in  corrent  pay  w*'^  in 
six  weeks  after  y®  date  hereof. 


These  our  determinations  beinge  accordinge  to  our  best 


OF    THE    STATE    OF    MAINE.  129 

lyght  just  &  equall,   we   intreate  m''  Ed.   Godfrey  &  the 

towne  of  Yorke  to  take  in  good  parte 
ifrom 

Dated  this  20*''  oif  Aprill  1655     Their  verry  loueinge  ffriiids 

William  Worcester 
John  Brocke 
Valentine  Hill 

Commissioners  to  mcike  revieio  of  their  Return  May  26, 
1655. 

Whereas  m""  William  Worcester  m''  John  Brocke  &  m"" 
Valentine  Hill  were  Chosen  as  Comissiono"  by  this  Court  & 
Invested  with  full  ])ower  to  heare  &  Determine  all  matters 
in  diffrence  betweene  the  Towne  of  Yorke  &  m''  Godfry  in 
relation  to  the  graunts  of  Certaine  lands  which  accordingly 
they  haue  endevoured  to  doe  &  made  their  returne  to  this 
Court  against  which  the  Inhabitants  of  Yorke  haue  made 
some  objections,  Respecting  the  Confirmation  of  vnknowne 
graunts  made  by  the  s**  m*"  Godfry  before  the  date  of  their 
Returne  as  also  the  graunts  of  land  p'judiciall  to  the  Towne, 
which  this  Court  having  Considered  off  Doe  thinke  meet  to 
reinvest  the  foresd  Comissio"  w*''  full  power  &  doe  hereby 
desire  them  w'**  all  Convenient  speed  to  make  review  of 
their  returne  &  if  it  may  be  by  Consents  of  all  psons 
engaged  to  Compose  the  same  out  to  mutuall  satisfactiS  or 
if  otherwise  to  make  vse  of  such  their  power  to  Correct  or 
amend  what  they  in  their  vnderstandinge  vppon  further  infor- 
mation shall  appeare  to  be  of  euill  Consequence  to  the 
Towne  or  any  pson  Concerned  therein 

the  Deputies  haue  past  this  to  be  an  answer  to  the  peti- 
tion of  Yorke  &  Desire  o""  bono"'  magis'"  Consent  hereto. 
20  : 3" :  1655  William  Torrey  Chu-ic. 

Consented  to  by  the  n)agi8^ 

Edw  :  Ruwson  Secret 


130  DOCUMENTARr  HISTORY 

Answer  of  John  Bonython  Sej)t.  8,  1655. 

To  the  Com"  of  Boston  Avho  have  granted  a  warrant  to 
apere  against  me  [at]  Boston,  my  ancer  is  I  decline  to  obey 
yo''  lawes  be  Cans  I  am  sworne  to  vp  hovld  and  maintain  the 
lawes  of  England  estal)lished  by  the  Padament  and  this  law 
Confermed  by  a  late  Comission  from  the  Counsell  of  state  I 
would  hav  you  to  knowe  that  I  dwell  in  no  land  of  yo"  be 
cawes  I  have  a  Patten  before  y(/  I  would  have  yo^^  to  knowe 
that  I  will  defend  my  selfe  with  my  life  I  am  no  Coch  man 
but  a  gnt  man  free  borne  as  the  best  of  yo^^  I  sale 

more  when  itt  doth  apere  that  the  goverment  doth  be  longe 
to  yo"  and  that  ra"^  Rigby  hath  nothing  to  doe  here  then  I 
will  obay  yo''  lawe  thus  I  rest  yo""  as  I  see  cawes 

John  Bonython 

Sacoe  8"^ 

Septembe 
1655 

Letter 

Toune  of  Wells  letter  &  GoQ  &  Dep*  GoQ  Ans^  19  March 
55. 

Gen?" 

Yo'  letter  subscribed  by  Jn°  West  in  yo''  names  and 
behalfe  bearing  date  12  ^^  56,  having  binn  pervsed  by  ou' 
GoQnor  and  Deputy  Gouerno'"  I  am  Required  by  them  in 
Answer  thereto,  to  signify,  to  you,  that  they  take  notice  of 
yo"*  faithfull  and  christian  desires  to  Continew  in  subjection 
to  this  Gouernment  w'^''  that  y"'"'  might  the  better  doe,  haue 
endeavored  to  Informe  yo''selves  of  our  Courts  Actings  in 
reference  to  m""  Cleaves  his  pretended  pouer  &c. 

Gent"  Assure  yourselves  our  Court  Accounts  it  much 
beneath  themselves  to  Act  in  the  least  way  of  p'judice  to 
you  no''  shall  the}'"  willingly  Renounce  their  right  of  Gouern- 
ment ouer  those  y'  line  w"'  in  ou''  Pattents  tho  y°"  cannot 
but  take  notice  y'  your  Ease  more  then  theire  proffit  hath 


OF  THE  STATE  OF  MAINE.  131 

binn  Aimed  at.  I  haue  b}--  like  order  sent  jow,  Inclosed  a 
true  Copic  of  our  Courts  Ans""  to  m""  Cleaves  his  proposicous  : 
and  theretbre  if  he  or  any  other  in  his  name  or  by  his  order 
shall  Come  amongst  you  &  disturl)e  y°'^  peace  ])y  making  any 
challenge  to  the  place  or  excercise  any  power  amongst  yow. 
Itt  is  the  minde  of  ou''  GoQao'  and  Deputy  that  yo''  Seaze  on 
such  person  or  persons  and  forthwith  send  him  or  them  w'^ 
any  Instruments   they  shall   bring  to  Boston  vnde"^  a   sure 
guard  that  so  he  or  they  may  Aus''  for  such  theire  distur- 
bance or  take  good  securitie  for  his  or  theire  Appearance 
before  the  next  gennlt  Court,  and  what  else  may  tend  to  yo'' 
further  tranquillitje  &  Comfort  in  such  Respects,  if  you  give 
notice  thereof  to  our  Genuerall  Court  in  May  next  they 
doubt  not  but  y""^  may  expect  a  meete  Ans""  not  els  but  my 
kmd  Respects  to  m'"  Boad  m""  Wheelewright  m""  Knight  &  the 
Res'  of  yow  as  named  :  Remaine 

you""  very  loving  freind 
Boston  19'''  march  1655  Edward  Rawsou  Secret 

56 


Itt  is  Ordered  that  the  warrant  herevnder  exprest 
shall  Issue  out  of  this  Court  to  y*^  Counstables 
of  Sacho  to  take  such  Aide  as  he  or  they  shall 
Judg  meet  to  seaze  on  the  person  of  Jn"  Bonitou 
&  bring  him  to  his  Ans""  for  his  Abuse  of  Author- 
itye  &c  as  in  y"^  warrant  is  exprest 
24  ^Iny  The  magis'"  haue  past  this  w"'referenc  to  the 
1656      Consent  of  theire  l)retheren  the  depu'*  heereto 

Edw''  Rawson  Secret. 

To  the  Connstables  of  Saco  &  to  Such  as  the 

Connstablos    shall    rcquier   to    Ajdc   &   Asist 

them  in  that  service 

Yo'"  are  by  virtue  of  an  Order  of  the  Gennerall  Court 

sitting  at  Boston   the   2U'''  of  May  1656   heerel)y  required 


132  DOCUMENT AEY   HISTORY 

forthwith  to  repajre,  to  the  dwelling  place  of  John  Bonithon 
at  Sacoe  &  there  or  elswhere  to  seaze  on  the  person  of  the 
said  John  Bony  ton  &  him  safely  to  Convey  to  Boston  Prison 
vnlesse  he  shall  Giue  good  Securitje  of  Knowne  Inhabitants 
of  this  Jurisdiccon  for  his  personall  Appearance  before  the 
next  session  of  the  Gennerall  Court  to  Answer  the  Complaint 
of  John  Stone  for  beating  of  his  servant  refusing  to  obey  the 
order  of  the  County  Court  at  yorke  in  the  yeare  1655  for 
the  payment  of  Rates  as  also  for  his  abusive  letter  to  the 
Gennerall  Court  And  If  any  Inhabitants  there  shall  refuse 
to  Aide  or  Asist  the  Connstables  as  abouesaid  that  theire 
names  be  retourned  to  the  County  Court  at  yorke,  there  to 
be  proceeded  against  according  to  lawe. 

The  magis*^'  haue  past  this  w"'  reference  to  the  Consent  of 
theire  bretheren  the  deput'  heereto 

Edward  Rawson  Secret 
Consented  to  by  the  Deputyes 

William  Torrey  Cleric. 


To  :  The  Constable  of  Sacho  &  to  such  as  the 
Constables  shall  require  to  aid  &  assist  them 
in  that  service 
Yow  are  by  virtue  of  an  Orde""  of  the  Gennerall  Court 
sitting  at  Boston  the  24"'  of  May  1656,  heereby  Required 
forthwith  to  Repaire  to  the  dwelling  place  of  John  Boniton 
&    there    or  elsewhere  and  to    sease  on  his  person  &,   him 
safely  to  convey  to  Boston   Prison    vnlesse    he   shall  Give 
good  securit'ye  of  knowne  Inhabitants  of  this  Jurisdiccon  for 
his  personall  Appearanc  before  the  nex'  session  of  the  Gen- 
nerall Court  to  Ans*^  the  Complaint  of  John  Stone  for  beat- 
ing of  his  Servant  Refusing  to  obey  the  orde""  of  y®  County 
Court  at  yorke  in  y®  yeare  55  for  y^  payment  of  Rates  as 
also  for  his  Abusive  letter  to  Gennerall  Court  &  If  any 


OF   THE    STATE    OF   MAINE.  133 

inhabitants  there  shall  refuse  to  aide  or  assist  the  Conestable 
as  abouesd  That  their  names   be  returned  to  the  Countie 
Court  at  Yorke,  there  to  be  proceeded  against  according  to 
Law,  heereof  y""^  are  not  to  faile.     Dated  at  Boston  the 
of  May,  1656: 

ERS: 


Order  of  Court,  3Iaij  29,  1656. 

Whereas  this  Court  is  informed  of  seuerall  neglects  of  the 
Inhabitants  of  Yorkshire  in  not  being  furnished  w"'  sufficient 
Amies,  Pouder  &c,  as  the  hiw  requires,  there  being  no  Gen- 
nerall  officer  at  present  to  call  persons  so  neglecting  to  an 
Account  It  is  therefore  Ordered,  that  Cap*  Nicholas  Shap- 
leigh  shall  henceforth  haue  power  to  call  together  the  cheife 
officers  of  each  Company  within  the  said  County  to  examine 
such  abuses  and  defects  as  may  or  shall  arise  amongst  them  : 

And  is  heereliy  Impowred  to  Act  therein  as  a  Majo''  may 
&  hath  power  to  doe  in  the  like  case  till  the  court  shall  take 
further  Order  therein. 

The  magis*^  haue  past  this  w"'  reference  to  the  Consent  of 
theire  bretheren  the  depu''  heereto     29  May  1656 

Edward  liawson  Secret 

Consented  to  by  the  Deputyes 

AVilliam  Torrey  Cleric. 


Lttter  Edivard  llishioortJi  to  Gov.  John  Endicott. 

August  14  :  1656  : 
liight  Worship" 

I  haue  not  boene  wanting,  Althoe  with  some  diffiulty  (& 
y'^  more  in  res})ect  of  my  owne  wcakuesse  &  others,  oposi- 


134  DOCUMENTARY   HISTORY 

tion  according  to  y^  best  of  my  skill,  &  knowledge  of  the 
state  of  thinges  amongst  us,  to  draw  togeather  the  Consetts 
of  the  best  part,  I  hope,  if  not  y®  greatest  part  of  our  inhab- 
itants, for  y^  effecting  of  w"'  being  effected,  will  conduce  as 
we  trust  to  our  future  good  :  In  the  accomplishment  w''of, 
amongst  many  who  haue  subscribed,  I  meet  with  such  unex- 
pected readinesse  of  rationall  Complyance,  as  giues  me  some 
incoraging  {^swasians,  that  these  scattered  Intimations  of  our 
honest  desirs  to  his  highnesse,  may  Introduce  some  effec- 
tuall  furtherance  for  y*^  Confirmation  of  our  Continewed 
settlement  under  your  Authority,  being  unfeynedly  y*"  end 
of  our  requests  ;  as  this  Inclosed  petition  of  ours  more  at 
Large  doth  &  may  demonstrate/ 

Sir,  being  at  Sacoe  not  many  days  since,  I  could  not  but 
take  notice  of  some  discontent  &  trouble  of  spirit  in  seuerall 
of  them  about  y""  app^'hendilig  Jo"  Bonighton  whom  I  really 
beleiue,  want  rather  of  Corage  then  Cowardize,  doth  onely 
retract  y'"  resolutions  from  y''  fjiithfull  discharge  of  y''  duty 
y^'in  required,  w'^''  occasionally  kindleth  his  Impudence  soe 
much  y®  more,  to  the  exorbitant  abuse  of  both  our  authority 
&  y™  selues ;  And  might  I  p^sume  to  vtter  my  owne  weak- 
nesse  vnder  Correction,  If  the  Gener"  Court  should  thinke 
meete  to  Comissionate  Mr  ffran  :  Raynes  o"^  Leeftenan*,  or 
some  else  in  o""  County  with  sufficient  pouer  an  assistance, 
the  matter  I  Conceaue  prudently  attended  would  be  aisily 
aflected  without  any  great  danger  or  difiiculty,  &  the  men 
of  Sacoe  remoued  out  of  y^  inextricable  feares  wherewith  by 
there  owne  Conceats  they  are  soe  strangly  afflicted. 

The  treuth  is  they  dare  not  take  him. 

I  forfiily  moued  a  businesse  to  yo""  worship  :  &  Reverd  Mr 
Norton  (of  whose  setling  I  rejoyce  to  heare)  about  procur- 
ing a  minister  for  the  people  of  Newgewanacke,  w'^''  hitherto 
hath  lyne  dormant,  by  reason  of  Mr  Broughtons  absence 
thence  on  whom  it  hath  some  Cheefe  dependance,  but  we 
hope  shortly  to  haue  an  oportunity  effectually  to  reuiue  it 
asaine. 


OF  THE  STATE  OF  MAIXE.  135 

Sacoe  &  Cape  Porpus  are  in  a  great  strayte  for  some 
godl}^  minister ;  for  his  mantenance  they  ppound  50^  j3 
Anno  :  besids  a  house  &  some  other  Conueiences,  touching 
■^ch  J  ^yj^g  moued  to  wright  to  yo'"  worship ;  W^''  I  cannot  be 
see  forward  in,  till  y"  people  of  Newgewanacke  l^e  supplyed, 
Althoe  I  Cannot  but  be  Sensible  of  y'  deepe  necessity  y^'of : 
Some  of  wells  &  Sacoe  I  p'ceaue  are  very  desirous  to  haue 
the  Gene"  Court  Moued  y^  they  might  haue  one  Magistrate 
allowed  &  settled  who  Hues  in  y°  County  or  otherwise  to 
haue  some  fitt  p''son  or  p''sons  Joyned  in  Coinission  with 
the  Comissioners  of  each  Towne,  y'  vpon  occasion  might 
haue  pou)  for  more  speedy  punishment  of  offenders,  who  by 
these  gtractions  of  aniiall  punishment,  doth  multiply  these 
offences  ;  &  at  length  find  a  way  by  escape  to  auoyd  all  pun- 
ishments w*  soefi ;  Had  we  p''sons  meetly  qualifyd  for  such 
places  the  thing  were  more  then  needfuU  to  be  done :  Thus 
with  my  seruice  to  yo'"selfe  the  Deputy  GoQ ;  &  my  due 
respects  to  Mr  Xorton,  &  all  the  rest  of  o""  Christian  freinds, 
I  leaue  yo""  selfe,  yo""^  &  all  yo""  weighty  occasions  with  y*^ 
Lord,  remaining, 

Yo""  worships  to  be  Comanded, 
in  the  Lord, 

Edward  Rishworth 

To  the  right  Worship" 
Jo"  Endicott  Gouerno    . 
of  the  Colony  of  the 
Massatusetts,  these 

g'sent  at  his 
house 


136  DOCUMENTARY   HISTORY 

Bonightons  Case  Refered  to  a  Conferrance  p  Guriam. 

Whereas  the  Towne  of  Saco  w^'^in  the  lyne  of  o""  Patten t 
or  neere  in  y''  Bounds  whereof  John  Boniton  liveth  have 
geQally  submitted  themselves  &  their  hinds  to  y^  govern- 
ment &  Jurisdiccon  of  the  massachusetts  ;  and  whereas  there 
are  great  &  frequent  comphiints  made  to  this  Court  hy 
seiiall  credil)le  psons,  that  the  said  Boniton  (attending  noe 
government  doth  molest  both  his  neighbors,  &  others  that 
occasionally  trafEck,  or  fish  in  those  parts,  &  by  his  outra- 
gious  carriages  hath  maimed  some ;  &  put  others  in  danger 
of  their  lives,  by  his  lawles,  &  imperious  actions.  And 
whereas  legall  courses  have  bene  taken,  &  much  patience 
have  bene  vsed  for  his  reducm*  into  some  tollerable  de- 
meanor, hetherto  not  onely  in  vaine,  but  in  steade  of  com- 
pliance he  hath  sent  contemptuous  &  railinge  returnes  to 
this  government,  or  authority  here,  wherevpon  this  Court 
(considering  the  p''misses)  Doth  declare  the  said  Boniton  a 
rebell  or  coiTion  enymy ;  &  intend  to  pceed  against  him 
accordingly. 

Yet  Because  this  Court  is  very  loath  to  vse  extremity  (if 
it  may  stand  w"'  justice  our  peace,  &  honor  to  exercise  some 
further  delay)  Therefore  this  Court  doth  herel>y  expresse 
themselves  willing  to  give  the  said  Boniton  tyme  till  the 
first  Day  of  August  next  peaceably  to  render  hiniselfe,  into 
the  hands  of  y^  Governor  &  such  other  of  y®  Magistrates  as 
shall  then  be  in,  or  neare  Boston.  That  his  case  being  duly, 
&  seasonably  considered,  there  may  be  such  an  yssue  put  to 
the  same,  as  shalbe  meet,  Which  clemency  thus  tendered  if 
neglected,  or  contemned.  It  is  resolved  by  this  Court  to 
gceed  against  him,  as  a  rebell  or  a  coinon  enymy  to  the 
people  of  these  parts  of  New  England  this  goQm*  &  in 
spetiall  to  the  people  Inhabiting  neare  vnto  the  place  of  his 
residence,  And  further  this  Court  doth  impower  any  pson 


OF    THE    STATE    OF   MAINE.  137 

(that  hath  submitted  to  this  government)  after  the  s'^  1^*  of 
August  to  Appiiende  the  said  Boniton  by  force  &  bring  him 
alive,  or  dead,  to  Boston. 

Declaring  &  gclayming  that  Avhosoever  shall  soe  doe,  shall 
have  20  pounds  paid  him  ;  for  his  service  to  the  Country  : 
out  of  Y"  Coinon  Treasury  w'^''  may  be  levyed  w^^  other 
charges  vpon  the  said  Boniton  his  estate./ 

This  to  be  pclaymed  forthw"'  in  Boston,  Salem,  Ports- 
mouth, Yorke  &  Saco. 

The  magis*^  haue  past  this  w**^  Reference  to  y^  Consent  of 
theire  brethren  the  depu''  hereto 

Edw  Rawson  Secret 

the  Deputyes  thinke  meete  to  Conferre  with  o''  bono''* 
magistrats  about  this  bill 

William  Torrey  Cleric. 

The  Deput^'es  on  Conferance  had  w"^  o''  liono^'^  magis** 
Consent  hereto  as  it  is  now  amended  &  interlined  gvided  he 
haue  one  full  moneth  more  allowed  fo  his  coming  in. 

William  Torrey  Cleric. 

Consented  to  by  the  Magistrates 

Jo  ;  Endecott  GoQ 


I^etition. 
To  his  Iliglincs  Oliver  Cromwell,  Lord  Protector  of  Eng- 
land Scotland  &  Ireland 

The  peticon  of  seliali  of  the  Inliabitants  of  the  Townes 
of  Yorke  Kittery  Wells  Sacoe,  and  Cape  Por[)us, 
some  time  vndcr  y"  Provinciall  goQm^  of  Mayne  & 
Lygonia  now  vndcr  the  Jurisdiccon  of  the  Massa- 
chusetts, In  new  England 
Iliinibly  slieweth 


138  DOCUMENT AKY   HISTORY 

Whereas  Informacon  doth  report  vnto  vs  of 
seQall  adresses  lately  made  vuto  yo"^  highnesse,  by  some  Gen- 
tlemen of  worth,  for  restitution  of  theire  right  of  Jurisdiccon 
over  vs  claimed,  by  these  Pattents,  the  determinacon  "where- 
of wee  humbly  conceiue,  after  a  Legall  hearing  rests  vpon 
yo''  pleasure  wherein  our  selues  being  not  so  pro])perly 
Concerned,  as  others  at  p^sent,  doe  purposely  wane  craving 
leaue  only  to  p'sent  yo''  highnesse  with  a  true  Naratiue 
though  Implicite  of  our  first  and  Last  Estate,  before  and 
since  wee  had  this  GoQm*,  which  through  Gods  mercy  wee 
now  Injoy  to  o''  good  satisfacon  &  for  o""  Continued  settled- 
nesse  vnder  it,  wee  dayly  pray  for  these  Reasons  ffirst 
because  of  o"^  selues,  wee  haue  smale  power  to  carry  on 
goverment,  being  a  people  but  few  in  Numl/  &  those  not 
Competent  persons  to  manage  such  weightie  affaires,  our 
weaknesse  occasioning  distraction  o""  paucity  devision,  o' 
meanesse  contempt,  as  our  owne  former  experience,  hath 
fully  evinced  to  the  totall  subverting  of  all  civill  order 
amongst  vs 

2'^  because  changes  cannot  reduce  things  from  Impossi- 
bilities, to  make  things  of  such  as  are  not,  to  be.  The  case 
is  ours,  y*^  places  of  our  Residence  admitt  but  of  smale 
Inlargem*,  the  genQallity  of  the  Country  from  vs,  Eastward 
is  so  confusedly  taken  vp  vninhabitable  beings  of  sterrile 
lands  swamps  &  rockie  mountaines  as  not  more  then  a  few 
shreads,  are  left  by  y^  sea  shoare  fitt  for  cohabitation,  & 
these  already  Populated,  by  an  Inconsiderate  numl^er  of 
people ;  How  y°  wisest  of  such  who  desire  superintendency 
over  vs  can  settle  a  well  Gouerned  Coiiion  weale  vpon  such 
basis,  wee  Leaue  to  yo""  wisedome  to  judge 

3'y  because  changes  in  these  things  may  prove  dangerous, 
wdiere  discontented  spiritts  waite,  for  such  opportunities, 
w'^'^  haue  not  beene  y*'  least  pte  of  y*  smale  numb""  amongst 
vs,  who  were  pfessed  Royalists,  whose  breathings  y'  way 
since  o""  Subjecting  to  this  Authoritie,  haue  beene  so  farre 


OF    THE    STATE    OF   MAINE.  139 

stiffled,  as  y*  y*'  activity  of  such  spiritts  canuot  fiude  any 
the  least  opportunitie  of  motion 

4'^  because  wee  feare  y*^  hurtfulhiesse  of  our  changes  as  o"^ 
goverm'  now  is,  our  psons  &  Estate  stand  ynd""  y*"  securitie 
of  wholesome  Lawes,  watchfuU  Governo""^  y®  fath"  of  our 
nourishm*  and  peace  whose  joyous  care  not  only  toUerates 
but  maintaines  v*  y"  pure  Institutions,  for  y^  Incouragem* 
of  godly  psons  both  Minist"  and  oth'%  to  reside  amongst  vs 
but  changing  it  may  throw  vs  backe  into  o""  former  Estate  to 
Hue  vnder  negligent  masters  y*"  dang''  of  a  confused  Annar- 
chy,  &  such  other  Inconvenieniences,  as  may  make  vs  a  fitt 
shelter  for  y"  worst  of  men,  delinquents  &  ill  affected  psons 
to  make  theire  recourse  vnto,  thereby  to  exempt  themselues 
from  theire  justly  deserued  punishm'^ 

5'^'  changes  are  apt  to  Inihilate,  vnlesse  they  prove  much 
for  y°  better  especially  in  weake  bodyes,  where  heads  are 
full  remote  touching  such  events  our  former  experience  hath 
taught  vs  somethinge  else  wee  craue  of  those  gentlemen, 
who  are  now  so  solicitous  for  goverment  over  vs  what  ment 
y^  deepenesse  of  theire  silence  scSall  yeares,  both  in  theire 
tongues  &  penns,  as  not  after  our  frequencie  of  writing  to 
them  they  not  so  much  as  returne  vs  one  Syllable  of  answere, 
or  afford  vs  y^  least  assistance  in  goverm*^  y""  want  whereof 
let  vs  sinke  into  great  distractions,  for  o""  recouery  thence 
scuall  amongst  vs  petitioned  for  goverment  vnto  y^  Colony 
of  y'^  MascatUbCtts  who  after  some  debate  w*''  us  and  confir- 
mation of  some  Articles  of  Agreem*  to  vs,  tooke  vs  vnder 
theire  Authoritic,  vnto  which  Avee  subscribed,  &  subjected 
oursolues  vnd''  who^e  ptectio  to  continue  wee  acco"  it  not  y° 
least  pt  of  o''  securitie  &  ha])inesse. 

6^  because  wee  conceaue  y®  confirming  of  y°  Mascatusetts 

Patent  in  its  due  extent.  In  respect  of  its  Antiquitie  nulls 

•  all  after  Patents  whatsoeucr,  as  fully  intitlcs  of  lands,  as  of 

Gouerm',  from  both  which  wee  expect  ecpudl  freedonie,  by 

theire  just  Interests  &  our  owne  subjection 


140 


DOCUMENTARY   HISTORY 


Our  humble  request  y""  fore  is  y*  yo*"  goodnesse  would 
favo''  o'"  reasonabe  entreaties,  whose  weaknesse  calls  for  sup- 
port o""  manners  for  some  strictnesse  of  rule,  whose  distrac- 
tions for  some  p'"sent  settlem*  wherein  o""  voate  is,  y*  it  may 
be  as  it  is  vnder  y*^'  goverm*  of  y®  Massatusetts,  aganst  w*^^ 
if  changhes  should  Interpose  o''  Inevital)le  troubles,  would 
follow  o""  condition  as  it  was  in  pt,  and  as  it  now  stands  lyes 
really  Ijefore  yo""  gratious  Eye,  although  not  so  Methodically 
p'sented,  for  w°''  wee  hope  o""  ignorance  will  excuse  vs 

Touching  w'^*^  if  yo""  highnesse  expect  any  further  Informa- 
tion wee  beseech  yo""  comands  herein  for  a  pyons,  &  Rev- 
erend friend  of  o's  nV  John  Wheelewright  sometimes  of  vs 
now  in  Eagland,  vnto  whome  o""  Estate  is  well  knowne,  &  is 
fully  able  to  satisfy  any  materiall  Inquiryes  therein.  Crave- 
ing  pdon  for  o""  over  much  boldnesse  &  glixity  as  o''  duties 
are,  so  pray  wee  for  y*^  Almighties  ptectio  to  secure  yo""  pson 
his  spi"  to  guide  his  gratious  blessing  to  crowne,  yo""  high  & 
memorable  endeavo'"s  w"^  continued  successe  for  y®  ad- 
vancem*  of  his  owue  glory  &  Kingdome  &  yo""  happinesse 
here  &  Eternaly/ 


Thomas  Williams 
Robert  Booth 
Richard  Hitchcox 
John  Leighton 
Ralph  Trustrum 
Walter  Neuuell 
his  m'ke  J       ^ 
Richard  Coman 
Robert  Waymouth 
his  m'"k  ^ 

John  Deamont 
Wilt  Scadlock 
Witt  Reynolds 
Morgan  Howell 
Edw'*  Clark 


Nich  Bully  junio"^ 
his  m'^ke  A/ 
Hen  Boad 
She  :  Fletcher 
Ezek  Knights 
Witt  Hammon 
Nich  Coole 
Jn°  Gouch  senio"" 
Jn''  Gouch  junio'' 
Jn°  West 
Jn"  Barrett  seno'" 
Sam'^  Austine 
Griffine  Mountague 

his  m'"k\* 
Myles  Thompson 


OF   THE    STATE    OF   MAINE. 


141 


Gregory  Jefferyes 
Xich  Bully  Senio' 
his  m'^ke  "r" 
Roger  Hill 
Hen  AVaddocke 
Will  Korkett 
Abra  :  Coiily  his 

m''ke 

Nathaniell  Load 
his  nrke      / 
Tho  :  Jones  his 
m^k  -^ 

James  Heard 
Roljert  Wadley 
Her :  Symous 
Will  Symons 
Abra  :  Preble 
John  Allcocke 
Hugh  Gullison 
Robert  ^Mendu 

his  mMv 

Xich  ffrost 

his  mMv 


K/1 

)St 


Charles  ilVost 

Roger  Plaisteed 

Humph  Shadbore 

Tho  Spencer  his 

m''ke  __     •__ 

Witt  Spencer 

Edw"  Rishworth 

Sam"  Twisden 

This  is  a  true  copie  compd 


Daniell  Goodwine 
Edw*^  Johnson 
ffrancis  Raynes 
Peter  Wyre 
Hen  Xorton 
Witt  Dixon 

his  m'-k  J^ 
Robert  Knight 
his  m'^ke    Z? 
Hen  Donell 
Silvest  Stover 

his  m'"ke 

John  Smith  his 
m''ke  X 

Joseph  Emerson 
Tho  :  Wheelewrio'ht 
John  Davis 
Nich :  Davis 
Sampso  Auger 
his  m^k  —  O 
Rich'*  Bankes 
Tho  Courtous 
John  Twisden 
George  Parker 
Jn°  Parker 
Phillip  Hatch 
his  m'k 


with  its  originall  As  Attests 
Edward  Rawaon  Secret 


142  DOCUIVIENTARY   HISTORY 

The  Deputjes  havinge  pused  the  the  pet  p^sented  from 
the  Inhabitants  of  Yorkshire  to  be  sent  to  his  highnes  the 
L  :  Protecto''  se  no  reason  but  they  ma}^  pceed  accordinge  to 
their  former  Intentions  with  reference  to  the  Consent  of  o'' 
bono"'''  magistrates  herevnto, 

19  :  3^' :  1657  William  Torry  Cleric 

Consented  to  by  y"  niagis*' 
Edw  ;  Rawson  Secret 

10  fevrier  1058 

Lettre  dii  Roy  Louis  XIII 
au  S  'Daunay  Charnisay  Commandant  'es  fort  de  la  Keve 
Port  Royal,  Pentagoet  et  Cotes  des  Etchemins  en  la  nouvelle 
France  pour  regler  les  bornes  du  Commandement  entre  lui 
et  Sieur  de  La  Tour. 

Monsieur  Daunay  Charnisay  voulant 
qu'il  yait  bonne  intelligence  entre  vous  et  le  sieur  de  Latour 
sans  que  les  limites  des  Lieux  au  vous  aves  Commandes 
I'un  et  lantre  puissent  donner  Sujet  de  controverse  entre 
vous  J'ai  juge  4  propos  de  vous  faire  entendre  particuliere- 
ment  mon  Intention  touchant  I'Entendue  des  dits  lieux  qui 
est  que  sons  I'autorite  que  j'ai  donne  4  mon  Cousin  le  Cardi- 
nal de  Richelieu  Surtoutes  les  terres  nouvellement  de  couv- 
ertes  par  le  moien  de  la  navigation  dont  il  est  Sur  intendant, 
Vous  Soyes  mon  Lieutenant  General  en  la  C3te  des 
Etchemins,  a  prendre  depuis  le  milieu  de  la  terre  ferme  de 
la  Baye  fran^oise  en  sirant  vers  les  Virginies,  et  Gouverneur 
de  Pentagoet  et  que  la  charge  du  S'  de  le  Tour  mon  Lieu- 
tenant General  en  la  c6te  D'Acadie  soit  definis  le  milieu 
de  la  dite  Baye  fran^oise  jus  qu  'au  detroit  de  Causeau  ainsi 
vous  ne  poures  changer  aucun  ordre  dans  1'  habitation  de  la 
Riviere  St.  Jeau  faite  par  le  dit  S'  De  La  Tour,  qui  or  don- 
dera  de  son  {Economie  et  peuple,  et  comme  it  jugera  d 
propos  et  le  o'  S'  de  Latour  ne  S'  ingerera  non  plus  depieu 
changerez  habitations  de  la  Heve  et  Port  Royal  ui  des  Ports 


OF  THE  STATE  OF  MAINE.  143 

de  ce  qui  vest  quant  a  14  troque  I'ouen  usera  comine  Ton  a 
fait  du  vivaut  du  Commandeur  de  Rayilly,  vous  continueres 
au  reste  et  redoubleres  vos  soins  en  ce  qui  est  de  la  conser- 
vation des  lieux  qui  sont  dans  I'etendue  de  votre  charge  et 
priucipalement  de  prendre  garde  exactement  qu'il  ne 
S'dablisse  aucuns  etrangers  dans  le  Pais  et  c<5tes  de  la  uou- 
velle  france  dont  les  Roys  nies  predecesseurs  ont  fait  prendre 
possession  en  leurs  noms  vous  me  donuercs  Compte  au  plus 
sot  de  I'etat  des  affaires  de  de  la  et  particutierement  sous 
quelque  pretexte  et  avec  quel  aveu  et  Commissions  quelques 
etrangers  se  sont  introdiuts  et  ont  forme  de  habitations  et 
dites  c6tes,  a  liu  que  j'y  fasse  pour  voir  et  vous  envoyer  les 
ordres  necessaires  sur  ce  sujet  par  les  premiers  vaisseaux 
que  iront  en  vous  quartiers  surceje  prie  Dieu  qu'il  vos  ait 
Monsieur  D'aunay  Charnisay  en  sa  Sainte  Garde  Ecritea 
saint  Germain  en  Laye  le  10  fevrier  16  1638,  signe  Louis 
et  plus  bas  Bouthillier 

Pour  dessus  de  la  Lettre 

A  Monsieur  Daunay  Charnisay  Commandanter  forts  de 
le  Heve  Port  Royal  Pentagoet  et  cOtes  des  Etchcmins  en  la 
nouvelle  France 

Xous  Ecuyer  Conseiller  du  Roy  honoraire  en 
la  Cour  des  Comptes  aydes  et  Finances  de  Rouen  Comrais- 
saire  ordinaire  de  la  Marine  Premier  Commis  et  Garde  des 
Archives  et  Depot  de  la  Marine  certefions  la  Copie  a  dessus 
veritable  I'ayant  collation  nee  sur  les  Registres  et  Papiers 
qui  sont  aux  dites  Archives  et  Depot  a  Paris  le  Sept 
Octobre  mie  Sep  Cent  Cinquante  un/  Signe  Lalfillard 

Endorsed. 
Appendix 

No  5 

To  the  Kinges  most  Excellent  Ma*'* 

The  humble  Pcticon  of  Ferdinando  Gorges  Es(|'"  sonne  & 
heirc  of  John  Gorges  Esfj,  deceased  who  was  sonne  &.  heire 
of  S''  Ferdinaudo  Gorges  Ru*  deceased./ 
Most  humbly  showeth 


144  DOCUMENTARY   HISTORY 

That  the  said  S''  Ferdinando  Gorges  yo'^  Peticoners  Grand 
father  being  divers  yeares  Since  chiefely  instrumental!  in 
discovering  &  reduceiug  of  New  Eno-land  in  America  to  the 
obedience  &  Governem*  of  the  lawes  of  this  kingdorae  and 
haveing  spent  many  yeares  time  &  vast  Sumes  of  money 
therein  whereby  he  exhausted  the  greatest  part  of  his 
fortune,  and  the  same  being  thereby  brought  to  some  perfec- 
tion &  hoijes  of  advantao^e  Yo'"  Ma**  late  Royall 

15°  Car:  I  ^  ^  '^  ^ 

father  of  ever  blessed  memory  in  the  XV^ 
yeare  of  his  raigne  was  gracously  pleased  to  graunt  unto 
the  Said  S""  Fernando  Gorges  yo'"  Peticoners  said  Grand- 
father his  heires  &  Assignes  for  ever  a  Patent  of  a  consider- 
able part  thereof  called  the  Province  of  Mayne  the  same 
conteyning  every  way  120  miles  w^''  very  many  large  Privi- 
leges &  Immunities  As  in  &  b}^  the  said  Patent  under  the 
greate  Scale  ready  to  he  produced  it  doth  &  maj^  at  large 
appeare,  Long  before  &,  since  w*^**  said  Graunt  yo''  Peticoners 
Grandfather  at  his  very  greate  charges  hath  sent  over 
severall  persons  as  his  Deputies  to  Governe  the  said  place./ 
That  certaine  English  Inhabitants  in  Xew-England  called 
the  Mathethews  its  takeing  Advantage  of  the  late  Rebellion 
here  (dureing  w'^^  time  yo""  Peticoner  dust  not  assert  his 
right  to  the  said  premisses)  have  without  Any  colour  of 
right  encroacht  upon  all  or  upon  the  greatest  part  of  the 
said  premisses  discended  unto  yo"^  Peticoner  from  his  Grand- 
father as  aforesaid  And  that  Severall  other  persons  who  in 
trueth  at  most  were  but  Tenants  under  some  yearely  rent  & 
other  services  unto  some  small  &  inconsiderable  part  of  the 
said  premisses  under  yo""  Peticoners  Grandfather  doe  now 
clayme  the  same  as  Lords  &  Proprieto"  thereof  whereby 
yo''  Peticoners  Grandfathers  vast  expences  aforesaid  are  like 
to  be  utterly  lost  and  his  Patent  (w'^*'  was  the  greatest  Pat- 
rimony that  yo'"  peticoners  Grandfather  left  him)  wilbe  ren- 


OF  THE  STATE  OF  MAINE.  145 

dered  unprofital)le  to  him  without  yo""  Ma*'   most   gracous 
help  &  assistance./ 

Yo""  Peticoner  therefore  humbly  prayes  yo""  Ma"* 
to  take  this  matter  into  yo""  most  gracous  con- 
sideracon  the  same  being  of  very  greate  con- 
ceruem*  unto  this  yo''  Kingdome  of  England 
or  els  That  yo""  Ma"*^  would  be  pleased  to 
referre  the  consideracon  thereof  to  yo'"  Coun- 
sell  for  forraigne  Plantacons  to  examine  the 
whole  matter  &  yo""  Petifioners  title  thereunto 
and  to  certifie  yo"^  Ma"^  the  trueth  of  the  prem- 
isses./ 

And  3'^o"'  Peticoner  as  in  duetie  bound  shall 
ever  pray  fo""  Ma'*  long  and  prosperous 
raigne./ 


At  the  Court  at  White  hall  the  4'''  of  Aprill  1661./  His 
Ma"®  is  gracously  pleased  to  referre  this  peticon  to  the 
Counccll  for  forreignc  Plantacons  who  uj)on  due  considera- 
con and  examinacou  had  of  the  Pe""^  title  to  the  premisses 
and  what  is  by  him  alleadged  are  to  certifie  his  INIa"®  how 
they  finde  the  Pcf'  Case  to  stand  together  w"'  their  opinions 
what  is  titt  to  be  done  thereupon  for  his  just  reliefe.  And 
then  his  Ma"*  will  declare  his  further  pleasure. 

10  Edw  :  Nicholas  : 


146  DOCUMENTARY  HISTORY 

Col:  Papers   Vol:  22.   JV°    98. 
Henry  Jocelyn  &c  :  to  [Col.  Nicolls?] 

Fro  the  Inhabit*'  of  the  Province  of  INIaiue/ 

Right  Hono"^  : 

Receiveing  information  of  yo'  Hono"  Intentions  suddain- 
ly  to  goe  for  England,  And  considering  how  our  poore 
Province  (although  at  Present  by  your  Hono''^  settled 
under  his  Majes*^'^  imediate  authority)  yet  liing  vnd*"  Prplex- 
ing  discoragem*%  through  the  threatenings  of  our  Imperious 
Neighbours,  &  the  disafections  of  others  amongst  o""  selues, 
w^hose  actions  speake  much  for  a  Change,  makes  us  the 
boulder  to  solicite  yo""  Hono"  helpe  as  oportunity  Presents 
by  your  furtherance  of  some  answere  from  his  Majesty, 
vnto  whom  herewith  wee  haue  Inclosed  our  humble  petition 
for  a  definitiue  sentence  touching  o'  future  establishment, 
w°'^  being  passed  ouer  by  his  Majesty :  Wee  doubt  not  but 
will  soone  ease  or  troubles  &  attract  our  wandering  affec- 
tions into  a  more  Intyre  &  amicable  way  of  peace  &  future 
contentment,  for  w'^'^  end  wee  begg  earnestly  your  hono" 
assistance  in  the  Premisses,  w''  in  for  this  amongst  other 
fauours,  wee  shall  ever  remaine  vnd''  the  obligations  of 
thankefullness/ 

Your  hono"  humble  Servants/ 
To  the  Comiss"  w*'^  A 

Petition  to  his  ma*^     Henry  Jocelyn  :      Edw  :  Rishworth 
Inclosed/  Wilt  Phillipps/       Francis  Hooke 

Fran  :  Champernowne/ 


OF  THE  STATE  OF  MAINE.  147 

Col:  Papers    Vol:  22.  N\  98.  I. 
Petition  of  the  inhabitants  of  Maine  to  his  Majesty/ 

Praying  a 
To  the  King's  most  excellent  Majesty,      Setlemy 
The  petition  of  the  Inhabitants  of  the  province 

of  Mayn  In  New  England/ 
Humbly  Sheweth 

That  those  tempestuous  blasts  of  various  alter- 
ations, which  haue  had  (by  divine  providence)  such  an  vni- 
versall  Influence  into  the  bowells  of  political  constitutions, 
&  amongst  others,  into  our  weake  &  vnsteady  governient, 
w'"by  severall  Clamors,  wee  haue  beene  in  feares,  &  daly  are, 
tossing,  &  tottering  to  &  fro  as  shaken  reeds,  or  shipps 
vnballasted  ready  to  overturne  with  the  least  breath  of 
Clay  me  or  Pretended  Authority  ;  hath  occasionally  hurried 
some  into  involentary  distractions,  others  into  causeless 
disafections,  if  not  clandestine  applications,  by  petition  or 
otherwise  to  the  Massatusetts  for  a  change  of  yo""  Majes*^'' 
authority  here  settled,  w""'  by  spirits  are  disunited,  Prsons 
Loyall  discountenanced,  &  others  animated,  to  our  generall 
disturbance,  respecting  the  peace,  &  Prsonall  Interests  of 
your  Majes  :  poore  (though  wee  hope  loyall  subjects  of  this 
province/ 

Under  which  disheartening  molestations.  Wee  ly  low  at 
the  feete  of  yo""  Majesty'  Clemency,  pr^^'"^  &  beseeching 
your  Majesty'  royall  word,  for  our  redress,  &  continewed 
establishment,  cither  as  wee  now  stand  vnder  yo'  own  Im- 
mediate Authority,  or  Esq""  Gorges,  or  vnder  whom  shall 
see  ....  Most  commensurate  to  your  Majesty' pleasure, 
the  declaration  w''of  wee  doubt  not  will  Inlarge  ^^  begininge 
of  our  future  reviueings,  &  frocdomc  from  such  Ineuitable 
intanglemcnts,  as  cortenly  must  succeed  our  Present  or 
future    vnsettlements,  for  yunv  Majes'^'  fauour  w*-''  in  wee 


148 


DOCUMENTARY   HISTORY 


shall  for  euer  bee  obleig'd  to  pray  for  your  Majesty^  pros- 
perity &  well  fayre/ 


WillPhillipps 
Francis  Hooke 
Raphe  Allanson 
William  Sheldon 
John  Budstarte  (  ?) 
Barnabas  Chauncy 
James  Gibbines 
Thomas  Williams 
William  Liscom  : 


Edw  :  Rishworth 
John  Dauas 
Jeremiah  Hubbard. 
Edward  Johnson 
John  Twisden 
James  Grant 
Digery  Jeoffery 
John  Pudinofton 


Henry  Joeelyn  : 
Fran  :  Champernowne 
Abra  :  Corbett/ 
John  Pearce/ 


End  :)  A  Peticon  from  y®  Prouince 
of  Mayne  to  y^  Comm*''/ 


Col:    Papers    Vol:    15.    ISf^   32. 
Letf  &  Information  of  Godfrey  concerning  y®  usur- 
pation of  Boston.     March  :  14  :  1660  : 

Ho    Sir   w**"   most   Humble   thanckes    for    y""   Fauorable 
Aspect  uppon  mee  in  this  my  totall  Eclipsed  Condition  I 


OF   THE    STATE    OF   MAmE.  149 

p''sume  to  giue  yo"  thes  Few  lynes  for  Cap*  Jo.  Leuerits  not 
Appering  as  Ageat  for  the  Mathesusets./ 

1.  To  considder  his  acting  ther  for  subjugating  the  Estern 
pts  In  New  England  P^'sumptusly  &  Audatiusly  w"'  out  any 
power  from  England  the  pceeding  yf  hee  will  not  shew  I 
haue  a  Coppy :  &  Jo.  Bakers  deputaton  heere.  After  3 
yeares  ther  spent  in  vane  for  Redresse  I  came  for  England 
meeting  hime  shewed  him  my  paper  &  complants  hee 
wisshed  mee  to  stay  tell  hee  had  Andswer  of  letters  for  Re- 
drese  2  yeares  stayed  noe  Andswer 

2.  Then  I  got  a  Reference  from  O  :  P.  [Oliver  Protector] 
nothing  efected  then  one  from  R :  P :  [Richard  Protector] 
the  Referes  met  diuers  times  hee  did  then  Acte  &  acknowl- 
edg  him  selfe  Agent  for  the  Mathesusets 

3.  This  last  yeare  M  Beckes  deputation  gues  him  Agent 
then 

4.  In  this  Reference  now  of  Masons  &  Godfrey  though 
att  fyrst  hee  Refused  yet  a  gcise  being  fixed  one  the  Ex- 
change &  dd  24  JS  mad  an  excuse 

5.  The  next  meeting  hee  excused  &  sent  a  letter  w*"*  a 
Coppy  of  one  sent  him  from  ther  Court  accusing  the  Recept 
&  Coppy  of  our  peti*"  w'^''  Andswer  it  most  unjust  &  untrue 
as  by  the  sundery  deputations  may  Appeer 

6.  his  p^'senting  the  Cunteries  Adresses  to  his  Ma"/  I 
besech  yo"  Reml)er  to  bee  w"*  the  Referes  att  Docters  Coiu- 
ands  being  Tusday  19"'  of  thes  Instant  mch 

Y"^  Saruant  to  bee  Comded 

Ed  :  Godfrey 


150  DOCUMENTARY   HISTORT 

Consaring  the  Regment  of  New  England  for  his  Ma"  best 
security  &  safest  waie  as  I  humbly  Conceue  In  Regard  I 
know  the  Cuntery  from  the  fyrst  discouery  lost  my  nerest 
relations,  slane  by  the  Indians  &  I  hauing  faithfully  att  my 
owne  Charge  sarued  the  Cuntery  25  yeares  by  a  duble 
Recognisence  my  oath  to  God  my  discressuon  experience  & 
Fidelyty  Consided :  w*^"^  prased  bee  God  I  pformed  tell 
Ejected  by  the  Mathesusets  yo"  know  in  pt  my  onely  sonne 
his  life  &  time  ther  spent  2  viages  &  Coining  for  to  Trasport 
his  wyfe  &  Famyly  heering  of  my  Ruen  Abids  yet  heer  I 
p'sume  to  giue  yo"  thes  few  Lynes/ 

I  euer  tould  yo"  that  Pascattowaie  Riuer  &  the  puince  of 
Mayne  is  of  More  Consarnement  to  his  Ma*^  for  trad  p^'sent 
&  Futuer  w*^  discouery  of  the  Cuntery  then  all  New  Eng- 
land besids  &  other  reasons  as  by  the  Mappes  may  appeer 
wheather  it  bee  not  fitting  yf  A  Generall  Gou'  should  Gard 
the  Jurisdiction  of  thos  Estern  pts  may  not  bee  Regulated 
by  Comition  as  forfiily  30  yeares  w"'out  Complant  ther  or 
heer  nor  neauer  questioned  tell  1652  Boston  would  bee  A 
Free  Stat  And  Sundery  Pattents 

1.  The  distance  ny  80  Myles  dangerus  by  sea  &  in  the 
wynter  not  pregnable  for  diuers  reasons  as  snow  wading  &c 

2.  It  will  discourridg  any  publique  Sperited  men  to  un- 
dertake the  like  action  being  Roume  for  many  1000  famylies 
after  30  yeares  to  bee  debarred  of  ther  p''ueleges 

3.  His  Ma"  will  haue  more  power  our  booth  the  one  to 
bee  Instrumentall  to  keepe  the  other  in  its  dew  obedienc/ 

4.  It  will  Cause  An  Emulation  who  shall  giue  the  best 
Acc°  of  the  actions  to  the  supreme  power  one  w*^*^  all 
Pattents  depnd. 

5.  Some  of  the  Pattents  haue  ther  Relation  heer  &  for 
extraction  long  experience,  in  the  Cuntery  Equall  w""  any 


OF  THE  STATE  OF  MAINE.  151 

in  Boston  And  haue  euer  acted  for  his  Ma*'  Interest  haue 
Pattents  Com"^  ForiSily  &  now  lining  ar  Cap*  Henery  Josse- 
line  Cap'  Francis  Cbamperuone  A  Tho  :  Jourdan  An  Ortho- 
dox Deane  for  the  Church  of  England  &  of  great  pts  & 
Estate  &.  Jo.  GetFords  goeth  this  yeare  fii  Jospeth  Mason 
ther  for  Ed  Godfrey  hee  is  to  ould  to  Acte  yet  Oliuer  God- 
frey his  Sonne  &  granchild  being  well  versed  in  the  Cnnte 
(?)  yf  Comded  will  w**'  the  p'^sidentes  of  Ed  Godfrey  assist 
to  the  uttermost  ther  life  &  power,  excuse  my  bouldnes 
being  y""  ever  obliged  saruant  to  bee  Comded 

Ed  Godfrey 
14'^  fflch  60., 


End  :)  14  March.  1660./ 

The  Information  of  M""  Edward 
Godfrey  sometimes  Govern*" 
of  the  Province  of  Mayne. 
concerning  the  consquence  of 
that  Province  And  the  ysur- 
pations  of  the  Bostonets./ 

For  the  High 

Thomas 


152  DOCtnVIENTARY   HISTORY 

Col:    Papers   Vol:  15.  JV°  19. 
Information  of  Ed  :  Godfi-ey,  sometime  Gov"^  of  Maine/ 

*M''  Godfrey's  Information  of  a  Committee  Sitting  at 
Coopers  Hall  on  behalfe  of  the  Massachusetts. 

Worsip'  Sir 

According  to  y'^  Comands  I  haue  Indeauord  to  screw 
into  the  Great  Beneuolences  that  haue  benne  soe  publiqly 
knowne  to  ppagat  the  Gospel  In  New  England,  but  in  Efect 
to  bee  ther  a  Free  Stat  the  priuat  acting  as  yet  I  conseall, 
ther  is  a  snake  in  the  weeds 

Ther  is  a  Corporation  sitting  forAly  att  Coupers  Hall 
Coinonly  one  satterdayes  from  9  to  12  a  clock/  For  the 
Busines  M''  Heugh  Pecters  confessed  of  Sexty  thousand 
pounds,  &  the  last  yeare  they  s^^  the  had  purchesed  land  to 
about  1000'  p  anfi)  but  shrank  now  to  700',  they  Iseralits  I 
am  Egiptian  conqured  of  them  by  the  teath  of  ther  sourds  ; 
I  most  hubly  pelid  to  haue  some  thing  heer  to  Releue  me  8 
yeares  exturped  of  my  meanes  w"^  obligation  what  I  had 
heere  should  bee  ther  repaid  out  of  the  Gleanings  of  my 
haruest  they  had  reapid,  &  for  my  most  faithful  Saruis  30 
years,  Amonst  them  the  fyrst  planter  a  vast  estat  spent  my 
nerest  relation  in  the  discouery  slane  by  the  Indianes,  My 
onely  sonne  Ruenated,  by  the  Cuntery  &  I  a  Gouern""  20 
yeares  &  my  saruis  In  his  Ma*'  time  of  Charles  the  fyrst  for 
them  &  the  Countery  In  geiieral  There  Andswer  was  ther 
Brethering,  ther  &  heere,  Could  not  bread  order,  or  to  that 
effect.  In  fyne  they  were  I-serelets.  I  an  Eption 

The  Stat  of  the  busines  is  ther  is  one  Smith  that  I  met 
att  M''  Arthur  Generall  sollicets  to  haue  ther  Pattent  renued 

The  Gierke  or  Secratary  is  one  ni  Houper  att  Turner  hall 
in  Philpot  lane 

*Note  in  modem  hand. 


OF    THE    STATE    OF    MAINE.  153 

M'  Asshworth  att  the  Keaye  in  Hatling  Street/  Aderman 
Peake  att  3  Arrows  in  Cannon  Street/  ni  Roiie  a  Seriuener 
att  back  sid  of  the  exc  Ny  the  shippe  tauern  .   .   .   .  / 

ni  Maiccheson  att  the  Angell  a  lime  drap  in  cheap  sid/ 

m  Wolner  a  wollen  drap  in  Gratious  street/ 

a  Bell  att  Touer  Street/ 

None  eather  ther  or  heer  had  any  Acting  in  thes  affayres 
that  did  not  Idolise  The  Chirch  Couenat 

The  Great  Mults  &  Fynes  vppon  thos  of  the  Church  of 
England  onely  for  pefi  to  haue  the  liberty  of  Free  born 
English  can  shew  sni  ....  a  Considerrable  Valine/ 

Ther  Tribut  of  the  Indianes  they  yearly  receue  a  Consid- 
erable some  this  for  p''sent  tell  I  see  yo''  I  Rest  y''  to  bee 
Comded 

Ed  Godfrey 
London  ad.  19.  Feb  60./ 


End:)  Feb:  19.  1660./ 

The  Informacon  of  M''  Ed  Godfrey  Sometimes 

Govern''  of  the  Province  of  Ma3'ne.  shewing 

that  a  Coiiiittee  sitts  at  Coopers  Hall  oa  the 

l)ehalf  of  the  Massathusets./ 
That  the  Massathusctts  did  sett   Fines    upon 

such  as  Petitioned  for  Libertie. 

Edw  :  Godfrey  to  Sec.  Sir  Edw :  Nicholas/ 

IIo.  Sir  I  foriTily  gaue  yo"  in  Print  an  Appcndax  to  the 
petition  to  the  usurp  Cromell  &  Parlament  Consaring  the 
North  ptes  of  America.  Granted  by  boothe  the  last  kinges  of 
euor  l)lessed  memory,  but  of  late  in  thes  times  one  pticu(,'lor 
Pattcnt  of  the  Massesusets  att  Boston  in  New  England 
haue  usurped  all  most  all  the  Cuntery  to  ther   subjection 


154  DOCUMENTARY   HISTORY 

being  Gence  Inemica  :  to  Loyalty  in  practice  to  bee  a  Free 
State  being  turned  out  of  my  Pattent  for  lyoly  came  to  glue 
an  acc°  of  55  yeares  trauell  of  w°h  46.  in  Ciuell  Imploy- 
ment  for  my  Cuntery  27.  ther  aged  77  yeares,  yf  an  object 
of  pitty  moue  yo"  not  yet  piety  for  Gods  Glory  and  p  fit  to 
his  Ma"  &  securing  thos  pts  to  his  Ma'^  dew  obedience  sud- 
denly yo"  will  vouchsafe  to  aflourd  a  few  Mynits  to  puse  the 
NedfuU  may  att  p''sent  bee  p''uented  by  comition.  w°'^  heer- 
after  may  bee  dangerus  &  Chargable  of  hyer  Consarnement 
then  yf  all  the  Baltick  sea  were  anaxed  to  his  ma"  Empier 
yf  I  Cannot  bee  hard,  haue  p  formed  my  Duty  hauing  suf- 
fered 8  yeares  &  now  for  all  my  saruis  for  my  Cuntery  like 
to  perish  for  want  —  I  Rest 

¥■■  ho  Saruant 
15""  July  QQ  to  bee  Collided 

Edward  Godfrey. 


End:)    15°   July.   1660. 
]\rEdw:  God- 
frey .  .  .  Amer- 
ica &  New  Engiy 

For  the  Ho.  Sir  Edward  Nicolas 
Knight  Secratary  to  his  Ma" 
thes  p''sent/ 


OF    THE    STATE    OF  jVIAINE.  155 

Petition   of  Brian   Pendleton. 

To  the   Honored    Generall  Court  now 
assembled  at  Boston  of  Magistrates 
&  Deputyes  :  the  Humble  petition  of 
Brian  Pendleton 
Humbly  Sheweth 

That  beuige  twice  employed  to  take  in  the  Esterne  parts 
at  Kittery  Yorke  Wells  &c  :  with  the  Honored  M' 
Browstreet  &  others  one  time  :  &  with  the  Honored 
Deputy  Governor  &  others  the  2'^  time  :  A  Returne 
of  their  aksions  was  presented  to  the  Gen"  Court 
1653  which  the  Court  acksepted  &  was  pleased  to 
promise  to  Gratifie  with  some  Land  (as  appeareth  by 
the  Record  as  they  had  to  other  Gentlemen  soe  Im- 
ployed  tformerly ;  some  of  which  thay  Gratified  with 
fine  hundred  Acres  of  Land :  wheareby  I  am  In- 
coraged  to  moue  this  Honored  Genii  Court  to  graunt 
mee  (on  the  considerations  afores'')  fine  hundred 
Acres  of  Land  on  Cochecka  River  al)oue  Dover 
bounds  as  neere  to  the  Land  laj'd  oute  to  m''  Edward 
Rawson  as  may  bee  :  to  l^ee  Layd  out  by  m""  Edward 
Starbocke  &  Peter  Coffin  &  y""  peticone""  shall  pray  &c 
Yo""  Haml)le  searvant  to  Comand 
Brian  Pendleton 

26,  3  mo.  1658.  The  magis**  Judge  meete  to 

Graunt  the  pcticone"'  on  his  Request  twoe  hundred  acres  of 
land  in  y"  place  desired  In  Reference  to  the  Service  per- 
tormed  if  theire  brethren  the  depu*s  Consent  hereto. 

Edward  Rawson  Secret 
The  Deputyes  Consent  hereto 

William  Torrey  Cleric. 


156  DOCUMENTARY   HISTORY 

Return. 

The  returne  of  the  commissioners  of  the  Generall  court 
of  the  Massachusets,  being  Authorised  and  Appointed  to 
settle  ciuill  government  in  the  Easterne  parts  to  the  utmost 
extent. of  their  line,  as  appeares  by  a  commission,  graunted 
them  bearing  date  the  26"^  of  May  1658. 

In  reference  wherunto  the  Comissioners  aforesaid  whose 
names  are  here  subscribed  according  to  order  and  trust 
therein  to  them  committed  did  repaire  unto  the  Eastern 
parts  and  at  Yorke  did  adjourne  the  Court  unto  the  house 
of  M""  Robert  Jordan  at  Spurwinke  sending  out  summons  to 
all  Inhabitants  Residing  within  the  line  proposed  there  to 
appeare  personally  personally  before  them  w'^'^  by  the  major 
part  thereof  was  Attended,  but  after  some  serious  debate  of 
matters  betwixt  us,  remoouall  of  some  doubts,  and  our 
tendering  of  some  acts  of  fauor,  and  priuiledge  to  them  the 
good  hand  of  God  Guiding  therin  by  a  joynt  consent,  we 
mutually  accorded  in  a  free  and  comfortable  close  as  doth 
more  fully   Appeare  by  these  ffollowing  Acts. 

Wee  the  Inhabitants  of  Black  Point,  Spurwinke,  and 
Casco  Bay  with  all  the  Islands  therunto  belonging  do  owne 
and  acknowledge  our  selues  to  be  subject  to  the  Gouerne- 
ment  of  the  Massathusets  Bay  in  New  Enland  as  appeareth 
by  our  pticular  subscriptions  In  reference  to  those  seuerall 
articles  formerly  graunted  unto  Dover  Kittery  and  Yorke, 
which  are  now  graunted  unto  us  together  with  some  Aditions 
as  upon  record  doth  appeare. 

ffrancis  Smale  Mich  :  Madineer 

Micho.    White.  Hmvii         Andrew  Brames  m^k   ^ 

his  mark      Tho  :  Hannot  mrk    ^ 
Tho  :  Stanford  George  Taylor  m^ke  X 

Jonas  Bayly.  J",  his  mark  Henry  Jocelyn 


OF    THE    STATE    OF    MAINE. 


157 


Robert  Cor^'n 
Nathaniell  Waley 
Arthur  Ausur  Jiin 


/ 


his  mark 

John  Philips 

his  mark.  j"»  P 

mrke 
Rich:  /\  Martin 

mark 
George  Leuy  -4 
Ambrose  Boden 
Sarauell  avkemoP^^ 


George  Cleaue 
Robt  Jordan 
Jn"  Benighton 
Richard  Foxwell 
Henry  Wats 
Francis  Weale 
Abra :  Fellow 
Ambrose  Boden  Sen 
Mich  Millen 
Jo°  Timey  mark 

Nico  :  Edgcomb 
mark 


Euery  of  the  persons  as  aboue  mentioned  which  haue 
subscribed  to  this  writing  haue  further  by  oath  taken  In 
Court  engaged  themselues  to  this  Authority  of  the  Massa- 
chusets  at  the  date  hereof  July  13.  1G58.  Whereas  the 
Townes  of  Black  Point,  Blew  Point,  Spurwincke  and  Casco 
bay  haue  acknowledged  themselues  subject  to  the  gouerne- 
ment  of  the  Massathusets  as  by  the  seuerall  subscriptions 
under  their  hands  doth  Appear  wee  the  Comissioners  of 
the  Generall  court  of  the  Massa-  doe  actually  grant  as  fol- 
lowcth. 


1  In  case  by  an  imediate  power  from  the    Supremacy  of 

Entrland  wee  arc  comandcd  &  after  Adresse   to    the  same 

Supremacy  ])y  the  Massathusets  Authority  it  bo  desired  as 

proper  to  any  other  Regulations  then  ours  tiiis  obligation  to 

we  protecting  till  the  determination  therof. 


2  That    an    Act   of  Indcmpnity    or    obliuion 
them. 


granted 


158  DOCUMENTARY  HISTORY 

3  That  all  such  acts  and  priuledges,  as  haue  granted 
to  Doner  Strawbery  bank  Kittery,  Yorke,  Wells  and  Saco 
are  granted  unto  them. 

4  That  in  cases  of  Appeales  to  Boston  the  Appealant 
shall  haue  ordinary  costs,  but  shall  put  in  sufficient  security 
(not  recouering)  to  make  good  treble  costs  to  the  defendant. 

5  That  they  shall  haue  true  transcripts  of  such  priui- 
led2:es  as  haue  been  to  the  fore  mentioned  Townes,  sent 
unto  them  to  bee  Reconered  with  all  convenience. 

6  That  the  ciuill  priuiledges  now  granted  them  wee  do 
not  intend  shall  bee  forfeited  upon  differences  in  matters  of 
Religion  but  their  Regulations  therein  must  be  acording  to 
the  poenall  lawes. 

7  That  those  places  which  were  formerly  called  black 
point,  Blew  point,  and  Tons  Island  therto  adjacent  shall 
henceforth  bee  called  by  the  name  of  Starborow  the  bounds 
of  which  Town  on  the  Western  side,  beginneth  where  the 
Towne  of  Saco  endeth  and  so  doth  run  along  on  the  W^est- 
erd  side  of  Riuer  of  Spurwinke,  eight  miles  back  into  the 
countrey. 

8  That  those  places  formerly  called  Spurwincke  and 
Casco  bay  from  the  starbour  side  of  Spurwinke  Riuer  to 
the  Capboard  Island  in  Casco  bay  shall  run  back  eight  miles 
into  the  countrey  and  henceforth  shall  bee  called  by  the 
name  of  falmouth. 

9  That  the  Townes  of  Scarborow  and  Falmouth  shall  haue 
Comissioners  to  try  causes  as  high  as  fifty  pounds. 


OF  THE  STATE  OF  MAINE.  159 

10  That  those  two  Townes  of  Scarborow  and  Falmouth 
shall  by  a  survey,  take  an  etfectuall  course,  to  bound  theni- 
selues  betwixt  this  time  and  the  next  court,  holden  for  the 
county  whereunto  they  are  to  make  their  returne  or  upon 
their  neglect  therof  the  county  court  shall  Apoint  Comis- 
sioners  for  the  bounding  of  them. 

11  That  those  two  Townes  of  Scarborow  Falmouth  are  to 
send  one  Deputy  yearely  to  y® 

giuen 
Symonds 
Wiggins 
s  Shapleigh 
Kishworth 


"W""  as  some  late  difference  seemes  to  appeare  to  vs  be- 
tween M""  Fletcher  Juni""  &  part  of  the  Inhabitants  of  Wells, 
as  touching  his  vuiittnesse  for  y®  place  of  the  Ministrey, 
which  occasionally  for  neare  two  years  pas'd  as  is  app'hcnded 
(relateing  Ijoth  to  the  sanctify  of  the  sab])oths,  &  the  pfor- 
mance  of  god'  holy  worship  there  in/  hath  drawe  them  Into 
Generall  neglects/ 

For  future  p''vention  w''of  It  is  therefore  ordered  hy  the 
authority  of  this  Court,  that  due  notis  be  given  to  the  In- 
habitants of  Wells  &  M""  Fletcher  that  they  do  make  y""  ap- 
pearances at  the  nex'  County  Court  at  Yorke,  there,  either 
to  Justifie  those  exceptions  of  vumectenesse  they  sceme  to 
charge  against  him,  or  otherwise  from  them  the  s*^  Fletcher 
may  bee  acquitted/ 

This  is  a  true  Coppy  of  the  Generall  Court  order  made 
May  30'"  1  r,r,0  : 

as  Attests/  Edw.  Rawson  Secret 


160  DOCUMENTAEY   HISTORY 

Petition  May  30,  1660. 
To  the  Honored  Generall  Courte  now  assembled 
att  Boston  30  May  1660  the  humble  peticon 
of  some  of  the  destresed   in  habetanc  of  the 
towne  of  ffalmoth 

The  humbell  desier  of  your  pore  peticeners  hoping  that 
you  will  take  it  in  to  seres  consideration  our  present  con- 
dicon  that  we  stande  in  respecte  of  the  pretended  patenes 
and  clames  that  m""  Robert  Jorden  and  jVP  Georj^e  Cleues 
laies  Claime  to  So  that  much  trobell  cometh  to  ous  sueng 
men  to  Cortes  as  Witnes  the  many  sutes  and  acones  at 
cortes  and  ar  still  goen  one  a  gainst  ous  and  other  tretened 
a  gainest  So  that  We  ar  much  destracted  in  our  afares  and 
know  not  What  We  shall  doe  in  thes  our  trobeles  only  our 
les  ar  to  God  and  you  that  that  you  old  be  plesed  to 
conseder  our  condicou  and  destractiones  that  We  ar  in  and 
that  it  will  be  the  ouerthroe  of  thes  hopfull  beginenes  that 
is  a  mongest  ous  god  hauing  be  gone  to  anser  our  prayeres 
and  to  send  ous  a  faithftull  dispencer  of  the  Word  to  ous  for 
wich  We  desier  to  bles  god  for  and  we  hope  shall  in  Joy  if 
these  destractiones  doe  not  discoreg  hem  therfor  our  oumbell 
reqest  is  to  this  onered  asembeley  that  you  old  be  plesed  to 
take  it  in  to  concideration  our  present  Condicon  for  iff  that 
M''  Jordenes  paten  and  claime  hould  with  m''  Cleues  the 
towne  is  ouer  trowen  and  noe  man  shall  in  Joy  what  he  hath 
labered  vppon  and  posesed  ounley  it  be  vppon  ther  teremes 
and  at  ther  Wiles  and  plesueres  but  we  hope  that  we  shall 
injoy  our  preueleges  and  towne  a  fares  with  the  rest  of  the 
townes  in  the  Dueredicon  thes  not  to  trobele  your  oneres 
noe  farther  but  leue  the  Case  to  god  and  you  hoping  for  a 
Comfortabell  anser  We  Remaine  youres  in  all  faithfullnes 
Phinihas  Rider  Nathan  Wallis 

George  Ingersoll  Thamas  Cellen 

George  Lues  Houmphry  Durham 

Joseph  Phippen  John  Walles 

Nicholes  Wite 


OF    THE   STATE    OF    MAINE.  161 

Petition  of  Georg  CJeeve 
To    the    honered   maigistrats    and  dcputis    of 
the  Massaehusets  Colleuic  or  gouinc  whom 
thes  may  Concearne  : 

Gentle  men  &  honored  worthis  it  is  not  vnknown  to  many 
of  you  that  Collenell  Rigby  one  of  the  Barans  of  the 
publick  Excheck''  of  the  Coiiionwelth  of  EngUind  p'sedent  of 
Ligonia  hath  by  his  Coioiission  deputed  mee  to  be  his  deputy 
for  the  Government  of  that  gvinc  for  this  man}^  yeres  past 
the  Bunds  &  limmits  of  which  pvinc  hath  bin  set  forth  in 
sevarall  Comishions  &  othar  Instruments  as  well  from  the 
Crowne  by  the  Covncell  of  plymoth  as  allso  sevarall  Confir- 
mations by  the  parliament  &  Covncell  of  stat  to  thes  tyms 
j)sent  &  sine  the  decease  of  the  saied  Baran  Rigby  that 
gvinc  is  descended  vpon  his  soonn  Edward  Rigby  of  Greais 
Inn  EsqQ  who  hath  allso  deputed  mee  by  his  Comishion  & 
hath  appointed  mee  to  Soinon  a  Genarall  asscmbl}^  of  all  the 
villiges  in  that  gvince  from  the  Rivar  Sagadiehock  to  the 
west  side  of  preston  or  wells  which  I  shall  spcdclie  doe 
forthwith  vpon  my  coining  home  to  my  house  vnles  I  shall 
be  covntarmanded  by  you  who  as  I  vndarstand  haue  chal- 
lenged that  gvinc  or  a  great  part  therof  to  be  within  yo' 
pattaint  &  haue  Sul)jcctcd  the  people  to  yo""  Gouerment  not- 
withstanding ther  formar  svpmishion  &  Ingaigment  by  oath 
to  the  Constitutions  of  that  gvinc. 

I  shall  therforo  huml)ly  desire  this  honered  assembly  to 
giue  me  a  f\ll  answer  in  writ  ting  of  yo''  Intentions  &  pseds 
herein  that  I  may  be  enabled  to  giue  a  true  narative  to  my 
svperiors  without  any  mistakings  that  so  peac  &  loue  may 
be  continved  amovngst  our  selves  here,  and  if  y'  may  be 
that  Contentions  l)y  suts  in  I^awe  or  farthar  ( "oiiiplaynts  may 
be  o])structcd  in  England  betwene  liiis  Collonin  or  ])\  iuc  &, 
our  p''sedent  or  any  otliar  whom  it  \\\',\)'  Consarne. 
11 


162  DOCUMENTAllY   HISTORY 

And  Lastly  my  humble  Requst  is  that  a  favarable  con- 
struction may  be  put  vpon  my  self  &  what  I  haue  here 
writen  being  sodently  done  with  out  any  advice  or  p'medita- 
tion  in  Regard  of  my  spedie  Intended  voj^ag  home  to  my 
howse  desiring  allso  to  be  excused  for  p''senting  it  in  so 
Rude  a  Caractor  haueing  no  othar  Scrib  than  my  selfe  all 
which  being  Granted  I  shall  willingly  Suljscrib  my  self  to  be 
yo''  most  huml)le 

Sarvant 

Sept.  1653  Georg  Cleeve 


ffiilmouth  pet  Entred  &  2\  6^.  secured 
1660 

In  Answer  to  this  petition  the  Deputies  thinke  meete  that 
the  Issuinge  of  this  Case  be  referd  to  the  Comitt  appoynted 
for  the  eastern  aftayres  pvided  the  ptyes  concerned  agree 
thereto,  the  Deputies  haue  past  this  Desireing  the  consent 
of  o""  bono'"''  magis''*  hereto 

Willia  Torrey  Cleric. 
1    (4)  1660 

6    (4)  1660         The  magistrates  consent  not. 
Th.  Danforth 


Order  relating  to  General  Trainings,  Sc. 
Whearas  the  townes  of  Scarl)row  ffamoth  and  Saco  ar  far 
remote  from  the  town  of  Yorke  and  also  lie  one  the  fronteer 
of  this  Jurisdiction  and  cannot  w*''  saftie  leaue  their  famylys 


OF   THE    STATE    OF    MAINE.  163 

to  attend  Genirall  Trayneings  tlieare.  it  is  thearfor  ordered  b}'' 
this  Courte  and  the  Awthorytie  thearof  that  the  soldiers 
belonging  to  the  aforsaid  Towns  shall  not  be  compelled  to 
Attend  any  Genirall  Trayneings  at  Yorke  w*''  out  spetiall 
warrante  fro  the  maj""  Generall 

And  whearas  the  Hands  ajasant  to  the  aforsd  townes  may 
be  gjuditial  to  the  Contry  by  harbouring  disordrly  and 
yuruly  p  sons  to  Hue  w*''out  command  and  ord"",  Itt  is  thearfor 
ordered  that  all  Hands  lying  ajacent  to  the  aforsd  Townes 
shall  lie  and  be  vuder  the  Governm'  of  the  Town  vnto  w*^'* 
the  lie  nearest 

Alsoe  considering  the  remotenes  of  the  townes  aforsaid 
form  the  place  of  their  Countie  Records  whereby  many  in- 
conveniencies  may  arise  vnto  them,  It  is  thearfor  ordered  by 
this  Courte  and  the  Awthorytie  liearof  that  the  aforsaid 
Townes  of  Scar])row  famoth  and  Saco  shall  haue  a  Recorder 
chosen  ])y  the  freemen  of  themselves  who  shall  haue  power 
to  record  all  deeds  and  conveyances  of  lands  morgages  of 
Land  or  Cattcll  according  as  the  law  provideth  in  that  case , 
and  that  they  shall  not  be  compelled  to  record  theyr  said 
deeds  or  morgages  in  the  Countie  Records. 


These  three  foregoinge  orders  are 

voted  by  the  Deputyes  Dcsire- 

inge  the    Consent  of  o""  hono''* 

9  4  1500  magis*'  hereto 

William  Torrey  Cleric 


*o" 


y'  magis"  Consent  not 

Edw  Rawson 


164  DOCUMENT AEY   HISTOEY 

At  a  second  Session  of  Gen'^  Court  held  at 
Boston  Oct.  16'^  1660. 
Part  of  the  Report  of  Commiss''^  appointed 
to  enquire  into  the  Eastern  Affaires. 

And  as  for  the  Complaint  of  M""  Cleve  when  we  were  at 
Saco  attending  the  Gen'^  Courts    before  mention'd   Ordftr, 
His  Writings  &  Evidences  were  not  present,  Therefore  We 
can  make  no  certain  Return  thereof,  but  judge  meet  Towns 
men  of  Falm°  be  ordered  not  to  dispose  of  any  Lands  w'^'^ 
are  within  the  Boundaries  of  the  Patents  or  Grants  of  the 
said  M''  George  Cleves  untill  this  court  take  further  Order 
thferin  ;  As  for  the  Complaint  of  M""  Rich*^  Fox  well,  He  ap- 
peared not  here  for  to  make  any  Proof  thereof: 
Dated  the  25"^  ^%.  1660. 
P  Hump.  Atherton 
Tho.  Savage 
Tho.  Blake 
The  court  approves  &  allows  of  the  Return  of  these  com- 
missi &  Do  Order  that  it  shall  be  a  final  Issue  of  all  Mat- 
ters in  Difference  &  the  matters  contained  therein. 

A  true  Copy 
Examined  p  J  Willard  Secry 


Petition  of  George  Cleave. 

The  honored  General  1  Court  Assembled  and  Sitting 

in  Boston  :  this  24   (3° :  1661  The  humble  petition 

of  George  Cleaue  of  Falmouth  Gent : 

humbly  sheweth. 

That  yo''  petitioner  hath  bin,  and  yet  is  greatly  wronged, 

and  oppressed  by  M"" :  Robert  Jordane,  not   only  in  laying 

Claime  unto  all  my  lands,  which  I  have  purchased  at  very 

deare  rates  but  by  forewarneing  of  my  Tenents  that  are  & 


OF   THE    STATE    OF   MAINE.  165 

hindering  others  that  would  bee,  although  I  have  had  after 
purchase  possession  for  these  27  yeares  or  there  abouts  :  by 
meane  whereof  the  populateing  of  the  Towne  of  Fahnouth 
is  much  hindered  to  the  great  loss  and  detriment  of  yo'" 
petitioner,  and  Considerable  hindrance  to  the  Country  and 
least  I  should  quietly  injoy  my  just  right  he  hath  for  twoe 
yeares  togeather  now  past  or  there  abouts  Continually  vexed 
yo""  petitioner  (as  hee  humbly  doth  Conceive  and  hopes  to 
prove)  with  unneccessary  suites  in  severall  courts  whereby 
hee  hath  soe  ffarre  misinformed  severall  Courts  as  yo''  petitio'" 
hopes  to  prove,  as  that  p"^  vayleing  he  hath  almost  &  if  help 
&  redress  fayle  is  in  a  fayre  way  utterly  to  ruine  yo""  humble 
petitioner  &  his  for  ever :  The  perticulers  whereof  are  too 
large  to  troubP  the  hono'''^  Court  with  in  this  sort.  And 
therefore  yo''  huml)le  Petetioner  doth  humbly  beseech  the 
honou''d  Court  to  Consider  the  p'"mises  &  either  to  admitt 
Audience  of  of  yo"^  petition's  declaration  in  the  court  in 
Generall,  or  else  to  grant  a  Committee  to  heare  what  hee 
hath  to  say  that  soe  yo"^  oppressed  petitioner  may  have  some 
releife  in  his  great  suffering  : 

Your  most  humble  petitioner  doth  humbly 
intreat  the  hono''d  Court  to  ponder  the 
premisses,  and  grat  yo""  po""  petitioner 
such  releife  as  in  yo''  wisdonies  yo"  shall 
see  meet,  and  yo*"  petition""  humbly  crave- 
ing  leave,  praying  for  a  blessing  of  God 
upon  yo"  &  yo""  administrations  :  subscribe 
my  selfe 

yo--:s 

Georg  Clecvo 


166  DOCUMENTARY   HISTOEY 

Meturn. 

Returne  vpon  this  petition. 

The  petitioner  apered  before  the  comittee  :  but  m""  Jordan 
against  whome  lie  complaines  was  not  p'sent,  Therefore  if 
the  court  please  to  vouchsafe  the  petitioner  a  hearing  before 
the  court  that  m''  Jordan  haue  legall  notice  thereof  that  he 
may  haue  optunity  to  answer,  or  elce  to  appoint  &  impower 
a  comitte  in  tliose  pts  to  heare  tlie  complaints  of  the  petit- 
ioner &  the  answer  of  m'"  Jordan  &  report,  the  case  to  the 
court  for  determination,  accordinsr  to  Justice,  datted  the 
28'^  of  may  1661 

Daniel  Gookin 
Elea.  Lusher 
Edward  Tyng 


Imp^s 
A  House  Loot  in  Avhich  i  Line  Nere  the  forte  abought 
one  Acor  all  soe  a  sixe  Acor  Loot  to  s'^  Ilowse  Loot  vpon 
the  Necke  the  forte  stands  vpoii  &  sixty  acors  of  ought  Land 
for ;  a  ifarm  being  a  smale  Hand  Called  Littell  "Chabaick 
Hand  being  abouo:ht  60  Acors  thare  in  a  Dwelling  howse 
ware  House  &  other  Improufments  vpon  the  same 


a  house  Loote  on  the  west  side  the  Coue  nere  the  forte 
abought  one  Acor  a  sixe  Acor  Loote  vpon  the  Necke  &  60 
Acors  of  ought  Land  neere  ou*"  Grate  sae  mill  purchessed  of 
Bartholo  Gidney  Esq  the  improufemeuts  is  a  Dwelling  howse 
&  soom  In  closiers 


OF  THE  STATE  OF  MAINE.  1G7 

about  sixty  Acors  of  Land  purchessed  of  m''  Jn°  Graves 
Leying  to  the  westward  of  ni""  Thaddeus  Clarke 


Kippisoch 
a  strame  of  wallter  &  timber  for  a  sae  mill  Ltinde  Granted 
a  mile  square  by  the  select  men  with  the  accomodations  of 
all  Timber  that  may  bee  Conveniantly  Brought  to  said 
strame  with  what  msddow  Layes  with  in  said  Bounds.  I 
desire  a  Grante  of  about  sixe  or  Aight  Acors  of  the  salte 
massh  Adjoyniug  to  s'^  Land  Improufements  is  a  saw  mill  & 
a  Dwelling  house. 

a  streme  for  a  sae  mill  with  accomodations  vpon  Both 
sides  the  strame  of  Land  to  the  valey  of  three  hundred 
Acors  for  pasterig  &  abought  sixe  Acors  of  fresh  meddow 
purchessed  to  s'^  streme  with  the  privileg  of  all  Timber  that 
Can  hcQ,  Conveniantly  Brought  to  s*^  streme  Improufements 
is  a  sae  mill  a  grist  mill  &  a  howse 

a  streme  at  Long  Cricke  for  a  sae  mill  with  two  hundred 
Acors  of  Land  and  all  timl)er  that  can  bee  Brought  to  said 
streme  Improufements  is  a  sae  mill  Hovt^ses  &  som  Land 
in  tillage 

abought  fou""  hundred  Acors  of  Land  at  Xonsuch  pointe  & 
ncre  Adjoyning  to  itt  al)ought  fiftcne  Acors  of  fresh  med- 
dow ;it  noil  such  masshes  Improufements  is  a  Dweling  house 
sooin  ought  llowses  &  abought  tiftcne  Acors  in  fense  soom 
in  Tillage  &  a  stockc  of  Cattell. 

SGverall  persells  parte  wee  haue  purchessed  with  our 
inony  &  parte  by  towne  grants  to  ou''  selfes  ou""  Charges  haue 
hill  very  Grate  in  the  Improufcment  of  seuerall  parsells 
Bounded  alowd  of  By  the  select  juen  &  the  Towne  sowne 


168  DOCUIVIEXTAEY   HISTORY 

Records  except  the  fresh  meddow  :  &  the  Hand  the  medow  : 
Leys  in  another  towne  as  Ave  purches  itt  &  haue  deed  Avee 
desire  wee  may  haue  a  Grante  that  we  bought  according 
to  the  bounds  all  Reedy  settled. 


Mr.  John  Thorpe. 
County  of  /  /  Att  a  Court  houlden  at  Yorke  for  this 

Yorke       //       County   July    4''^    59  :    Mr   John  Thorpe 
'  /  gsented  by  the  Grayue  Jury  as  folio weth/ 

1  :  Wee  p^sent  Mr  Thorpe  for  abuseing  Mr.  Rober'  Jordan 
in  his  owne  house  in  soe  much  y*  Mr  Jordan  was  forced  to 
Coiiiand  his  owne  servants  to  turne  him  out  of  doores/ 

2  :  wee  p''sent  Mr  Thorpe  for  excesse  In  drinking/ 

3  :  wee  p''sent  Mr  Thorpe  for  teaching  vnsouud  doctrine/ 
In  reference  to  these    3    p''sentments    aboue  written  Mr 

Thorpe  was  examined  l)y  the  County  Court  y"  in  being,  & 
by  Admonition  vpon  paj^ment  of  the  officers  ffees,  was  from 
y'"  by  the  same  Court  discharged/ 

As  Attests       Edw  :  Rishworth  Re  :  Cor  : 

Deposition 
The  deposision  of  John  foxwell  aged  22  yeres  or  there- 
abouts. 

This  deponant  maketh  oath  that  about  the  beginning  of 
Septemb''  Last  hee  was  at  Andrew  Algars  howse  wher 
weare  p''sent  m""  John  thorp  Richard  More  &  goodwife  Algar 
where  hee  did  here  m''  John  thorpe  bid  him  &  the  rest  that 
were  p''sent  tell  Elizal)eth  l)aylie  the  wyfe  of  Jonas  Baylie 
that  she  Avas  a  witch  &  he  had  proved  her  so  to  be  aftarward 
he  added  &  said  she  Avas  a  Rotten  dammed  witch  as  ever 
held  Bread  and  SAvore  by  god  to  it  &  farther  saith  not 
Taken  before  mee  first  of 
octobar  1660  ffrancis  Neale  Cornish 

in  the  p'sence  of  me 
Robart  Jordan 


OF    THE    STATE    OF    MAINE.  169 

Deposition 
Richard  ]More  aged  40  sworne  saith  that  m''  John  thorpe 
said  before  him  &  manj  more  that  Jonas  baylies  wyfe  Avas  a 
stinking  rotten  witch  &  he  had  proved  one  &  bid  John  Fox- 
well  tell  here  soo  &  bovnd  it  with  an  oath  &  farther  saith 
not. 

Taken  before  me  this  i9  of  octobar  1660 

Henry  Joceellen  Cornish 
This  a  true  Copie  of  thes  to  deposissions  attested  by 
mee  George  Cleeve  Comishinr 


Request  of  Inhahitants  of  Scarborough 
The  honered  Genarll  Court  the  hvml)le  Request  of 

the    Subscribars    the    Inhabetants    of    Scarboroh 

shewing 
that  wee  togethar  with  othar  the  Inhabitants  our  neighbours 
of  our  towne  did  for  som  too  ycres  sine  or  vpwards  entar- 
taine  &  make  agrem*  with  m"^  John  thorp  to  be  helpfull  to 
vs  in  the  work  of  the  ministry  for  one  yere  for  a  triall  of 
his  sufiency  in  that  his  function  for  that  tyme  hopeing  that 
he  was  sownd  &  orthodoxal  in  hisdocktrin  &holy  &  vnblam- 
able  in  his  Convarsation,  that  therby  wee  might  haue  bin 
Instructed  in  the  waies  of  jjod  &  haue  bine  eddified 
&  built  vp  in  the  most  holie  faith  l)ut  in  short  tyme 
wee  fownd  wee  weare  deseved  of  our  hopes  &  expectations 
hee  proucing  not  so  able  or  willing  in  his  place  as  wee 
hoped  h(!  had  bin  to  Insti'uct  vs  in  the  wais  of  salualion. 

and  to  our  great  grefc  wee  ar  Inforced  to  accuse  him  of 
notorious  Crimes  in  his  Convarsation  as  may  a})[)iu-e  l)y  sev- 
arail  testimonies  vpon  oath  &  sevarall  p^sentments  in  C'ourt 
of  Drvnkcnes  &  Revilinirs  &  slaundrinff  of  neighti)()urs  & 
othars  &  divars  Inordinat  Cariges  vcrie  vnsenil\'  for  any 
Christian  nivdi   more  vncomly  for  a  minister  of  the  gospcll 


170  DOCtHMENTARY    HISTORY 

of  Jesus  Christ  by  all  which  wee  Conseaue  he  doth  mvch 
more  hurt  l^y  his  evle  example  ia  life  then  evar  bee  did  or 
can  doe  good  by  his  docktr^n  In  considaration  whereof  all 
though  wee  weare  contented  to  pay  the  first  yeres  compo- 
sission  in  regard  of  our  promise  y*  we  hope  the  honored 
Court  will  not  Compell  vs  to  pay  our  monny  against  our  wills 
to  a  wolfe  in  sted  of  a  shepard  nor  Inforc  vpou  vs  a  nessessity 
of  coining  to  here  him  prech  by  whome  wee  can  receaue  no 
eddiliing  which  wee  conseaue  is  but  to  desemble  with  god  to 
p'"sent  our  bodis  before  the  lord  when  our  harts  can  not  close 
with  the  mouth  that  speaketh  to  god  for  vs  who  we  feare 
haue  not  the  Spirit  of  piety  &  so  make  our  selues  gilty  of  the 
breach  of  that  great  coilianddement  thou  shalt  not  take  the 
name  of  god  in  vaine  all  which  being  Left  the  considaration 
of  the  honored  Court  we  desire  to  Subscrib  one  b}^  one  our 
names  or  marks  to  l)e  humble  sarvants  &  shall  pray. 

Richard  flbxwwill  Senor 

Andra  Browne 

Richard  tfoxwill  Jner 

John  ffoxwell 

Alexander  Smetli 

Christopher  Collins 


Jonas    _/      Bavlie  his  mark 


31r  John  Thorpe 
Vpon  Information  giuen  to  this  Court  of  severall  misde- 
meano''^  coinitted  by  m''  John  Thorpe  who  vndertakes  to  be 
a  preacher  at  Scarborrow  In  answer  wherevnto  this  Court 
doth  order  &  the  sd  Thorpe  is  hereliy  enjoynd  that  after 
due  notice  hereof  he  forebeare  to  preach  any  more  vntill 
Yorke  Court  next,  where  the  Cunstable  of  that  towne  shall 
warne  him  to  appeare  together  with  such  Wittneses  or  suf- 


OF    THE    STATE    OF    MAINE.  171 

fyc3'ent  Testemonyes  taken  vpon  oath  before  any  Empowred 
to  take  Evidences  in  that  County  which  sd  County  Court 
shall  examine  the  ground  of  this  Conip^ :  &  proceed  therein, 
as  the  lawes  of  this  Coiiion  wealth  doe  provide  in  such  cases 
the  Deputyes  haue  past  this  Desireing  the  Consent  of  o' 
hono"'^  magis^^  hereto  28  3*^.  1661     William  Torrey  Cleric. 

Consented  to  by  \°  magis'^ 

Edward  Rawson    Secret 


Petition  of  Inhabitants  in  Wells. 

To  the  much  Honoured  General!  Court  of  y* 
Massachusets  Colony 

Assembled  at  Boston  May.  22.  61. 

This  Petition  of  ours,  who  are  Inhabitants  in 
AVells 
Humbly  shewcth  to  you  Right  Worshipfull,  &  much 
honoured  That  where  as  it  hath  beene  yo""  good  pleasures, 
by  an  order  Dated  October  16.  60.  to  Injoyne  nir  Seth 
IKctcher  to  forbcare  preaching  any  more  amongst  vs.  Wee 
humbly  &  earnestly  request  that  you  would  be  pleased  to 
take  of  the  sd  Injuntion,  And  that  the  sd  ffletcher  m;iy  haue 
libertye  to  accept  a  call,  &  to  settle  him  selfe  among(-t 
vs,  or  any  olhe""  peo[)le,  for  the  dispencing  of  the  vnsearch- 
able  riches  of  Christ,  &  the  Administration  of  his  Ordi- 
nances, One  ground  of  our  petitioning  to  you  in  this  manner, 
on  his  behalfe  being  publique,  generall,  &  perticule""  satis- 
faction nailing  downe  at  y«  feetc  of  God  &  men.  ac- 
knowledging whati^ocvcr  (conscrning  the  diircrences,  that 
Ii.it li  beene  beetweene  some  perlicular  ])ersons  &,  him- 
sclfej  hath  beene  or  (as  a]  prcheiided  by  vs)  cculd  be  de- 
niaunded  of  him.     The  truth  &  sinccty  of  his    repentance 


172  DOCUMENTARY   HISTORY 

his  practice  doth  declare,  by  his  humble  &  holy  walking  w**" 
a  manifestation  of  his  desiers,  not  to  offend,  or  greeue,  y* 
spirits  of  the  least,  or  weakest  Christians,  much  lesse  the 
Spirit  of  Christ  it  selfe,  And  we  hope  (haueing  no  cause 
otherwise  to  thinke  but  y*)  if  you  shalbe  pleased  to  yeeld 
to  our  humble  Implorations,  he  will  proue  very  serviceable 
&  vsefull  to  the  Church  of  Christ,  Bee  pleased  therefore  to 
graunt  you''  favourable  acceptance  hereof  causing  vs  to 
enjoy  ou""  wished  desires,  &  yo^  suppliants  shall  pray  God, 
for  y^  presevation  of  all  this,  honoured  Assembly,  &  that 
vnde""  you,  wee  may  lead  a  quiet,  &  peaceable  life  in  all 
godlinesse.  And  honestie. 
from  Wells  May  IT^''  61 


Edmond  Littlefeild  Nicholas  Cole 

John  Wadleigh  Thomas  Littlefeild 

John  Chater  Thomas  Mussell 

Jos  :  Bolles  Will  Cole 

Insign  John  Barret  flVa  :  Littlefeild 

Wilt  Buckland  Witt  Ashleigh 

John  West  John  Littlefeild 
ffra  :  Littlefeild  Sin  : 
Will  Hamond 

The  Coiuittee  Returne  vpon 

this  petition 

The    comittee  Thinke  it  not  expdient   for  the    court    to 

grant  his  petitio  vntill  m""  ffletcher  bring  or  send  a  certificate 

from  the  County  Court  of  Yorke  of  his  repentance  &  good 

conQsation  ;  datted  the  28""  may  1661 

Daniel  Gookin 
Elea  :  Lusher 
Edward  Tyng 


OF   THE    STATE    OF   MAINE.  173 

The  Deputies  approue  of  the  returne  of  the  comittee  in 
reference  to  this  pet.  Desireinge  the  Consent  of  o*"  Hon*^*^ 
magistrates  hereto 

AVilliam  Torrey  Cleric. 
4  June  1661.  Consented  to  by  y*"  magis^' 

Eclw  Rawson  Secret 


Commission   Maij  17.  16G2 
To  Majo""  Geuerall  Daniel  Denison  majo'"   William  Haw- 
thorne &  Cap*  Richard  Walde''ne  yow  are  herel)y  Required 
&  Auorized  to  Repaire  forthwith  to  Yorke  or  Wells  in  the 
county  of  Yorke  so  as  yo'""  be  there  at  or  before  y"'  26"^  of 
Instant  May  when  a  Generall  Court  is  (as  this  Court  is  Cred- 
bly  Informed  by  y®  Authority  of  Henry  Jocelin    Esq""   m"^ 
Robert  Jordan  &  m''  Nicholas  Shapleigh  sumoned  to  meete 
together  to  excercise  Goiilment  ouer  the  good  people  of  that 
County,  who  by  theire  subscriptions  &  oathes  haue  subjected 
&  acknouledgcd  themselves  to  be  subject  to  the    Authority 
of  the  Massachusetts  Jurisdiction  as  being  w''in  the  line  of 
this  pattent)  and  to  Inquire  into  the  Grounds  of  such  their 
declinings  from  y®  obse'vance  of  their  oathe'  &  duties  ac- 
cording to  y''  Articles  &   Agreem*''  betwecne  them  &  this 
Gouornment  and  on  their  pcrv^sall  &  examination  of  what 
by  the  said  m'"  Jocelin  Jordan  Sc  Shapleigh  shall    present 
shall  (Ml  the  behalfe  of  thes  Golimcnts  Rc(juire  themselves 
&  y'=  people  to  Returne  to  their  due  obedience   vntill  this 
Gcfi  (Jourt  by  their  Aplication  &  Addresse  to  his  Maj'^  & 
du(;  Inluiination  of  the  state  of  the  case  &  our  Just  Right 
to  those  parts  full  &  cleere  orde's  shall  be  RctiirncMl  suitably 
to  y"  aboue  menconed  articles  &  in  y"  meane  time  either  by 
themselves  or  such  as  they  shall  Api)oint  keepc  y''  ordinary 


174  DOCUMENTARY   HISTORY 

&  vsuall  courts  y'  due  Justice  may  be  Administred  as  oc- 
casions shall  present  &  further  act  &  doe  in  y*^  p'niisses  what 
they    shall  find  most   Just  necessary   &    benciiciall    for   y* 
establishment  of  order  &    peace    &    y*  the  Tresurer   of  y* 
Country   furnish   y^  s**    Comissio'"*  w"^*"  tenn  pounds  for  their 
necessary  expenses 
Voted  by  y®  whole  court 
17  May  1662. 
E.  K.  S 

That  this  Comission  be  signed  by  them 
That  y®  Comissione''s  be  furnished  w"' 
Agreed  tenn  pounds  money  :  — 


It  is  Ordered  that  for  &  In  Consideration  of  m'"  Thomas 
Danforth'  his  furnishing  the  comissione''s  to  Yo'ke  w"'  tenn 
pounds  money  shall  haue  GraunteSl  him  as  an  Addition  to 
y^  two  hundred  acres  of  land  Graunted  to  him  by  this  Court 
so  much  land  liing  between  Whip  Sufferage  &  path  ad- 
joining to  his  farme  as  old  Goodman  Rice  &  Goodman  How 
of  marl  borough  shall  Judg  y®  s*^  tenn  pounds  to  be  worth  & 
they  are  impowred  to  bound  the  same  to  him// 
Voted  by  y«  whole  Court  E  R  S 

17  May  1662 


Jo 


For  the  right  worship^'  John  Endlcott  Esq""  Gov- 


/^/      erne''  of  the  Mascatusetts  Colouey  Psent 


OF  THE  STATE  OF  MAIXE.  175 

Petition  of  TF'"  Cvoicne 

[A  number  of  words  in  this  petition  are  wanting.] 

of  that  Liberty  frighted  hiiii  soe,  as  that  he  durst  not 
serue  the  Attachra*^  upon  him  at  yo""  petitioners  Suite  for  a 
dept  of  17''  12s  soe  as  yo'"  petition'"  lost  all  his  charges  and 
Labo*"  as  did  appeare  upon  oath  to  the  said  Court  l)y  Sam" 
Hall  \if  petition's  Attorne}^  but  yo""  petitioner  receiued  noe 
reliefe  And  since  yo""  petoitin'"  hath  used  all  meanes  possible 
to  bring  y^  s**  Mr  Jordan  to  y^  court  of  Associates  at 
Yoike  by  an  Attachm'  serued  by  y^  Maishalls  Dep*  both 
upon  him  for  his  contempt,  and  upon  y''  afores''  Sandford 
for  neglect  of  his  duty,  and  by  tricks,  shifts  and  evasions 
the  said  Jordan  &  Sandford  putt  y*^  Cause  offe  from  a  tryall 
there  under  pretence  that  the  Marshall  had  no  power  to 
serue  Attach m^'  in  the  said  Jordan's  Liberty. 

The  premisses  considered,  and  for  that  yo""  petition""- hath 
used  all  meanes  possil)le  to  procu  'e  a  tryall  at  Law  with  the 
said  Jordan  &  Sanford  at  Yorke  to  his  great  charge  oUready, 
and  seeincr  that  Marshalls  canot  and  Constables  dare  not 
serue  Attachm''  upon  him  ;  thore  is  no3  other  place  left  for 
the  Reliefe  of  yo""  potitionc""  but  by  this  hon'''  Court. 

Doth  therfore  humbly  ]>ray  that  the  said  Jordan  and 
Sandford  may  be  injoyned  to  Answere  yo""  petitione""  at  some 
Court  neere  adjacent  in  regard  yo''  petition""  hath  spent  so 
much  time  &  charge  to  bring  it  to  tryall  in  those  parts  &  all 
to  no  purpose,  &  in  regard  of  yo'"  petitione'"''  inabillity  to 
travell. 

And  yo""  petitionc''  shall  pray  &c 
W'  Crow  no 

Report 
10.    (8)    ir,r,2.     The    Comittec    haueing   considered    the 
rontonts  of  this   Peticcoii,  do   conceiue   that    it  will    not   be 
ju.stiliul)le    U)V    the  auth(»urity  of    this  Court   to    Avert    the 


176  DOCUMENTARY   HISTORY 

Course  of  Justice  by  themselves  constituted,  but  do  Judge 
meet  that  y®  petition""  take  his  remedy  agst  either  offic'"  or  d"" 
according  as  Himselfe  shall  Judge  best: 

Thomas  Danforth 

Edward  Johnson 

Roger  Clap 

The  Deputyes  approue  of  the  returne  of  the  coinittee  in 
answer  hereto  o'"  Hono"^''  magists  consenting  hereto 

William  Torrey    cler. 

consented  to  by  the  magis'^ 

Edw  Rawson  Secret 


George    Cleeve  vs.   liohf   Jordan 
The  Declaration   of  George  Cleeve  or  his  Bill 
of  Complaint  against  m""  Robert  Jordan  of 
flalmoth  in  the  County  of  York./ 

M'  Robert  Jordan  At  the  County  Court  of  York,  held  in 
the  Moneth  of  July  in  the  yeare  1659  :  Did  make  Sute 
against  me  for  a  debt  not  gperly  rayne  l)ut  soe  p''tended  and 
recoQed  against  me  to  the  value  of  Ten  pounds  Ten  shil- 
lings and  Costs  of  Court,  To  the  w'^''  that  he  had  no  just 
ground  of  Sute  against  me,  I  make  appeare  as  followeth 

1  Although  I  acknowledged  that  I  did  receive  of  him  to 
the  value  of  Ten  pounds  yet  it  was  not  on  my  owne  acco' 
But  on  the  Generall  acco*  of  the  Townes  of  ffiihnouth  and 
Scarborough   in    the  County   of  Yorke    aforesaid :   I  being 


OF  THE  STATE  OF  MAINE.  177 

appointed  (by  them)  to  appeave  at  the  Generall  Court  in 
theire  bchalfe  And  ray  charges  appointed  by  them  to  be 
borne,  in  part  whereof  I  received  the  beforenamed  sura  of 
Ten  pounds  And  uf  Jordan  hira  selfe  did  ingage  to  pay  his 
^portion  of  the  Charges  and  to  supply  me  while  I  was  at 
the  Court  as  I  can  by  evidence  raake  appeare : 

Secondly 

in  an  Acton  by  me  Entred  and  psecuted  against  him  at  the 
same  Court  for  vnjust  claimes  by  him  layd  to  ray  Lands  and 
wrongful}  interuption  and  hindrin  of  my  rents  &c  hiraselfe 
being  an  associate  of  that  Court,  I  was  cast  as  I  conceive 
Wrongfully  in  that  action  and  the  Costs  of  Court  found 
me,  w'^'^  I  also  for  further  clearing  referr  to  testemony 

T/drdli/ 

W  Robert  Jordan  having  recoulcd  the  sd  actions  against 
me,  takes  forth  executions  against  me  for  it  as  also  for  the 
Costs  of  Court  aforesaid  All  w*^*^  with  Charges  of  Extendinor 
did  amount  vnto  the  sum  of  Seventeen  pounds  or  there- 
abouts as  appeares  by  the  Consta])ls  testimony  who  Levied 
it  on  my  house  &  houshold  goods  and  cow  : 

ffourtldy 

]\P  Robert  Jordan  having  soe  rccoGed  &  extended  as 
aforesaid  notwithstanding  did  not  then  expel  me  my  house 
nor  tooke  poseession  of  it  but  tooke  my  word  &  cngagm'  to 
pay  liiiii  tiie  just  sum  due  to  him  ])y  virtue  of  the  said  judg- 
hi'",  w*^''  accordingly  I  did  fully  pay  vnto  him,  notwithstand- 
ing w^^',  I  having  given  him  vnder  my  hand  that  tiie  house 
&  goods  should  remaine  as  his  till  the  sum  were  paid,  And 
th(>ii;^h  I  h;i(|  |);ii(l  il  riilly  yet  a  Court  of  associates  in  March 
last  (him  selfe  l)eing  on  of  the  associates  he  sues  me  againo 
t(jr  delihy  of  my  howsc  goods  and  Cow  and  recolilcd  against 
Hit",  and  hath  taken  them  from  me  and  holds  them,  the 
12 


178  DOCUMENTARY   HISTOEY 

house  being  prised  hut  at  8"  w'^''  but  a  little  l)efoi-e  cast  me 
60" — 

M""  Jordan  at  a  fo nil  Court  of  that  County  aforesaid  (w'^''  I 
shold  have  minded  before)  After  ho  had  cast  me  in  the 
Accion  of  interuption  aforesaid,  did,  vnder  p''tence  of  law, 
sue  me  in  an  action  of  vnjust  molestation,  because  I  recoQed 
not  the  action  against  him,  though  it  was  a  just  action  w'^''  1 
gsecuted  but  him  selfe  lieing  of  that  Court  I  was  Cast  5" 
againe  in  that  action,  and  he  not  being  therewith  contented 
demands  of  me  15"  alledging  that  the  law  gives  treble 
damages  in  such  cases  w'=''  I  conceive  I  shall  make  appeare 
to  the  Hono'''  Court  to  be  a  very  vnjust  and  injurious  thing 

Sixthly 

At  the  same  court  of  Associates  in  March  last,  having 
againe  recoQed  my  howse,  cow  Bed  &  Bolster  &  Bedd 
clothes,  my  Brewing-kettle,  pott  and  other  goods  Obtaines 
an  execution  directed  to  the  Counstables  deputy  to  possess 
him  the  said  Jordan  of  the  said  house  and  goods  &  Coiu- 
anded  the  counstables  deputy  (being  his  owne  Creture)  to 
throw  out  all  my  other  goods  as  Apparrel,  Chests,  Trunks 
and  pvisions  out  of  doores,  who  soe  acted  to  the  spoyling 
and  breaking  of  many  of  my  things,  and  whereby  I  lost 
much  of  my  goods  and  writings  and  Apparrel  of  my  wifes 
and  many  other  things  to  my  damage  more  then  a  hundred 
pounds  sterling  :  And  more  to  vex  and  grieve  me  he  brought 
with  him  on  of  his  owne  men  (to  assist  the  Coiista1)les 
deput}^)  Avho  was  stark  drunke,  taking  my  Kettle  &  pott 
being  full  of  Worte  for  beere,  redy  to  tun  up,  and  threw  it 
about  the  house  and  carried  away  the  sd  Kettle  &  pott  and 
detaineth  them  to  this  day  being  contrary  to  the  Law  in 
such  cases  guided  ;  And  farther  to  increase  my  griefs,  he 
required  his  drunken  man  and  deputj'    Counstable  to   goe 


OF    THE    STATE    OF    MAINE.  179 

into  ni}'  wifes  chamber  where  she  was  laid  on  her  bedd  & 
very  sick  who  in  a  Barberous  manner  pulls  her  from  off  her 
bedd  and  takes  her  bedd  from  vnder  her  and  the  bed  cloth- 
ing and  carries  all  away  —  My  wife  being  noe  lesse  then 
fouer  score  &  seven  yeeres  of  age  And  all  this  done  after  a 
warrant  of  Attachm'^  was  served  vpon  the  said  house,  Goods 
and  Cow,  bj'-  the  said  Deputy  Counstable,  vnder  the  hand 
of  m""  Edward  Rushworth  on  of  the  Associates,  requiring 
the  said  house  and  goods  to  be  responsable  to  answer  my 
action  of  review  to  be  tryed  at  the  next  Court  of  Associates 
where  (intrueth)  I  have  smale  hopes  of  good  success  in  my 
sutes  against  him  he  being  one  of  them  And  one  that  Bould- 
ly  sayed  —  Let  them  if  they  durst,  tinde  any  thing  against 
him.  ]My  suspition  being  the  greater  for  that  I  gued  at  the 
last  Court  that  I  had  paid  m*"  Jordan  Twent}'  pounds 
towards  the  Two  Executions  to  purchase  my  peace  for  the 
p'^seut  vntill  I  might  by  sum  review  or  complaint  redress 
my  wrong  for  all  which  I  had  no  allowance  by  any  order  of 
Court  Alljeeit  the  Two  first  executions  came  ])ut  to  15"  lOss 
beside  what  I  paid  the  Counstal)le  for  fees  and  other  Charges 
as  appeereth  by  the  Counstables  testimony  soe  that  m''  Jor- 
dan detaineth  from  me  wi-ongfully  my  money  goods  &  Two 
Cowes  being  all  the  Cattle  I  had  for  my  Subsistance  for  the 
p'sent  and  hath  pfferd  to  sell  my  house,  to  any  that  would 
buy  it  And  all  this  of  purpose  to  starue  and  mine  me  and 
my  family  : 

All  w'''  I  hope  this  llono^"'  Court  will  duly  Con- 
sider and  order  my  repaierations  : 

Georg  Cleeve 

The  Dcpufyes  Concciue  in  answer  to  this  pet  that  the 
County  Court  of  Yorke  next  arc  hereby  Ordered  to  examine 
the  grounds  of  these  Conii)laynls  exhibited  agaynst  ni''  Jor- 
dan &  pcced  therein  as  they  shall  Judge  mcete  according  to 
lawes  here  established  : 


180     .  DOCIDIENTARY   HISTORY 

the  Deputyes  haue  past  this  Desireing  o""  Hono"^  magis*' 
Consent  hereto 
24  :  (8)  1662  William  Torrey  Cleric. 

Consented  to  by  the  magis*' 

Edw.  Rawson  Secret 


Letter  from    George    Cleeve  JSfov.  24.   1662. 

Evar  honored  Sirs 

Aftar  m}^  due  Respects  &  hvmble    sarvic   p'^sented   thes 
may  Informe  you  that  sine  yo''  Comishionars  were  at  York 
we  mening  m'  Georg  Monjoy  &  my  selfe,  by  accedent  re- 
ceved  a    papar  named    a  warant  from  m""   Henry  Joccellen 
derected  to  m*"  John  Ge}^  Constable  of  fah.noth  which  aftar 
wee  had  Red  &  Considdered  wee  thought  Requisit  to  take 
this  exact  Coppie  here  Inclosed  &  to  detaine  the  papar  vntill 
the  puplication  of  the  Genarall  cor'  warant  was  by  my  self 
publiqly  Red  in    the  Congregation  the  whole  towne  being 
§sent  the  last  lords  day  aftar  meting  at  which  tyme  allso  m' 
Monjoy  Red  the  Kings  Lettar,  &  had  not  m""  Rishworth' 
Care  bin  to  send  the  Courts  ordar  Inclosed  in  a  lettar  to  m' 
Monjoy  wee  had  bin  deprived  of  the  benifet  of  the  Courts 
ordar  for  wee  ar  truly  Informed  that  the  ordars  sent  to  all 
the  towns  in  that  County  wear  stopped  &    not   published 
neithar  in  Sacoe  nor  Scarberoh  but  contarmanding  warants 
in  his  Majgistas  name  vndar  the  athority  of  m''  Georgs  & 
vndsir  the  firme  of  m''  eloccellen  published  thare,  "Wee  allso 
vndarstand  that  the  p'^tended  Comishionars  haue  apointed  a 
meting  at  Sacoe  the  25  day  of  this  ^sand  Novembar  &  wee 


OF  THE  STATE  OF  MAIXE.  181 

sopose  is  to  see  what  strength  they  can  gathar  to  supres  yo"" 
athoi'ity  &  to  establish  ther  p^'tended  intrest  who  haue  given 
it  out  that  the  Genarali  Court  haue  desarted  the  towns  of 
falmoth  &  scarboroh  &  that  m'  brodstreet  &  m""  norton  haue 
desarted  the  whole  Conty  of  Yorksheire  in  England  &  here 
to  &  thervpon  many  or  all  well  afected  in  Welse  &  else- 
where ar  put  to  agret  stand  fearing  that  the  Massachusets 
Collony  doe  deale  dublie  with  them,  by  reson  of  thes  & 
othar  such  lick  storis  given  out  by  m""  Joccellen,  who  allso 
reports  that  they  doe  da3iie  expect  m'^  Mavarick  with  four 
othar  Coiuishours  in  too  great  friggets  to  countermand  yo"" 
atliority  in  this  yo''  Jurisdiction,  but  I  beleve  the  ships  ar 
not  y'  buylt,  wee  may  expect  spedily  m''  Joccellen  &  m"" 
Jordan  to  com  to  our  town  to  see  what  they  can  doe  theirs 
but  my  care  shall  be  to  defete  their  purpose  in  what  I  may. 
Xow  farthar  my  humble  Requst  is  that  you  will  forth 
with  seriously  Considar  of  a  Cource  to  be  taken  with  thouse 
who  doe  deale  thus  pai-fiddiously,  having  taken  the  oath  of 
fredoni  &  fidelity  for  example  to  othars  &  for  the  maintain- 
anc  of  yo""  owne  honar  who  haue  Ingaiged  to  gtect  all  the 
well  affected  in  this  yo""  Jurisdiction. 

I  allso  desire  to  vndarstand  yo''  senc  w^hether  the  Jenarall 
Courts  mind  was  that  the  offisars  in  that  County  that  was 
chosen  &  sworn  vndar  yo*"  athority  should  stand  in  theire 
plases  till  the  tyme  of  newe  election  or  those  Constal)ls 
Chosen  &  sworne  by  m""  Joccllen  &  vnto  that  powirc.  And  as 
tuching  Assoticats  wee  vndarstand  that  m""  Joccellen  &  m"" 
prel)le  haue  both  refused  the  oath  &  the  exarsise  of  theire 
places  &  only  m^  Rishworth  &  m''  Chadborn  sworn  &,  m"" 
Moiijoy  not  swone  willing  to  submit  when  tendered  vnto 
him  now  I  desire  to  know  whcthar  I  may  not  administar  the 
oath  vnto  him  as  is  derccte  in  the  Law  book  being  a  Com- 
ishion'-  &  apoiiitcd  by  the  Court  to  adiuiiiislar  the  oalli  of 
the  Lord  to  any  parson  as  occation  may  Kccpiire  or  whcthar 


182  DOCtnVIENTARY    HISTORY 

any  othar  asotiats  may  be  appointed  to  the  number  of  five 
as  allso  wbethar  any  othar  Comishionars  may  bee  apointed 
for  the  too  towns  of  fabnoth  &  scarboroh  in  the  Roome  of 
m'"  Joccellen  or  any  othar  in  case  of  Refusall  for  wee  supose 
theire  may  be  great  nede  of  a  Court  shortly. 

I  can  not  omit  to  giue  you  to  vndarstand  that  M'"  Joccellen 
doth  trompet  abrod  that  ther  ar  many  discontented  in  boston 
&  to  the  westward  about  the  Kings  lettar  &  I  feare  it  pseds 
from  a  sperit  that  faine  would  rays  a  facktion  amovngst  vs 
if  not  tymly  p^'vented  but  I  hope  that  the  wisdom  &  Counsell 
of  god  is  with  you  or  else  who  knoweth  how  great  a  flame  a 
littell  fire  may  kindell  all  which  I  Leue  to  yo''  wise  Considar- 
ation  hvmbly  desiring  a  spedie  answer  if  it  seeme  good  to 
you  by  som  publick  officar  or  othar  safe  messengar  in 
Regard  of  the  season  of  the  yere  thus  craving  pardon  for 
my  bouldnes  to  be  so  larg  Comending  you  all  to  the  grace 
of  god  evar  Resting  yo""  faithfull  &  humble  sarvant  to 
coinand  Georg  Cleeve 

Falmoth  noveml/  24-62 


Letter  from   Richard    Walderne. 

honered  sir  Considering  the  nesisity  of  some  Asistance 
frome  you  for  the  County  of  yorke  I  make  l)oold  to  trobell 
you  with  theas  lines  for  your  Informacon  how  the  state  of 
things  stand  that  soe  you  may  the  better  know  what  to  doe 
in  the  Case. 

first  when  Captin  Pike  and  my  selfe  Came  to  the  Adjorned 
Court  at  Yorke  we  met  with  Maigor  Shaply  and  m"^  Joslyn 
but  finding  ther  sperits  very  hie  wee  did  littall  but  my  self 


OF  THE  STATE  OF  MAIXE.  183 

according  to  the  gauemll  Court  order  did  Act  boath  to  Read 
the  Warrant  and  gaue  the  Asocats  ther  Othes  two  of  them 
Wiier  vpon  maigor  Shaply  did  protest  agaynst  it  and  sayd 
the  ^lassitusets  should  haue  nothing  to  doe  ther  but  not- 
withstanding wee  partad  pecaball)  after  this  I  Avas  informed 
that  ]\P  Joslin  shoukl  say  that  they  woukl  try  whether  the 
nuisatusets  woukl  or  durist  medell  with  them  for  they  did 
desier  to  try  their  pouer  and  doe  very  much  Insult  ouer 
those  that  doe  sticke  Close  to  the  bay  which  is  all  most  all 
especally  the  better  part  and  are  much  trobled  that  maigor 
is  let  iroe  on  in  this  manner  as  he  doth  for  he  shelters  all  the 
quackers  that  come  into  our  parts  and  folloeth  them  wher 
they  meate  which  is  not  only  a  disturbour  vpon  that  side 
but  also  on  our  side  which  is  but  the  Riuer  betweene  :  and 
soe  they  Come  into  our  towne  and  presently  they  are  gone 
ouer  the  Riuer  and  soe  his  house  is  the  harl^or  for  them  all 
and  some  say  he  is  dictated  by  the  litell  Croocked  quacker) 
and  al)out  4  days  sence  the  counstabell  Kittery  hauing  a 
warrant  to  publish  at  a  towen  meating  according  to  generall 
Cort  order  he  warning  the  meeting  maigor  Shai)ly  sends  his 
marsluill  and  Carrith  him  to  york  gayle  ther  to  ly  to  see 
whoe  will  set  him  free  and  therby  the  peepl  are  much 
trobled  and  doe  expect  some  speedy  Coorse  to  be  taken  by 
your  selfe  and  the  Counsell  that  such  proud  Insolent  sperits 
may  be  Crushed  or  elce  the  good  pepell  of  the  Contry  and 
those  that  haue  stood  Close  to  your  gouerment  will  be  utterly 
vndone  and  likewise  a  harbor  for  all  the  Rogs  in  the  Contry 
and  our  towne  will  be  soe  disturbed  with  the  quackers  and 
(»tli(;rs  that  we  shall  hardly  bo  at  peace  :  thcrior  my  liunibcll 
Il(;(iuest  is  that  you  will  send  for  maigor  Shaply  which  may 
csly  be  done  by  the  Contry  Marshall  or  some  other  man  as 
you  shall  see  most  Conuonient :  for  he  with  his  great  words 
puts  the  pepell  into  such  a  feere  that  they  know  not  what 
to  doe,  for  Just  ground  for  sending  for  him  in  [)art  is  spoken- 


184  DOCIBIENTAEY  HISTORY 

before  but  to  vndermine  the  gouerment  contrary  to  his  othe 
and  engugment  is  matter  enough  to  send  for  him  to  prison 
but  for  that  I  learne,  as  for  ther  Comiscon  they  haue  ^Yorn 
but  some  buttons  :  but  say  they  expect  it  by  euery  Ship  but 
if  thes  distractors  be  let  alone  it  is  to  be  feared  will  Ruin 
many  in  ther  Estats  if  not  ther  souls  by  thes  Erouous  persons 
that  goe  abooad : 

Xot  elce  by  desiering  the  lord  to  prosper  your  weyghty 
occasans  and  Remayne  your  seruant  to  be  Comanded 

Richard  Walderne 

Petition  of  Daniel   Goodivine. 

To  the  Hono"^'^  the  Geuerall  Court  of 
the    Massatu setts  now  Assembled 
att  Boston/ 
The  humble  petition  of  Daniell  Goodwine  Constable 
of  Kittery 
Sheweth, 

That  w^is  those  daly  Interruptions  w'"with  o'' 
County  hath  beene  of  late  excercized  by  Esq*"  Goges  Coiu- 
issio'^  relateing  to  yo''  authority  which  for  severall  years 
hath  beene  settled  &  peaceably  Carried  on  amongst  us  (can- 
not but  In  a  greate  measure  bee  knowue  to  yo''  worships  & 
how  fare  both  accordiuo;  to  o""  oaths  &  articles  severall  of 
us  haue  opposed  y""  authority,  &  done  o""  best  Indeauours  to 
mantajiie  yours,  In  p''formance  w''of  generall  distractions 
haue  broaken  in  amongst  vs  especially  referring  to  those 
that  are  officers  being  disinabled  from  the  due  execution  of 
y""  places  to  our  Generall  p'judice,  &  my  selfe  being  a 
sworne  officer  amongst  others.  In  the  discharge  of  my  place 
for  warneing  of  Towne  meeteing  att  Kittery  to  publish  the 
Generall  Courts  order  amongst  other  necessary  Occasions, 
was  ceazd  vpon  by  James  AYiggin  y""  prouince  Marshall  by 
Majo''  Shapleighs  order  for  acting  vnder  the  Massatusetts 


OF   THE    STATE    OF   MAINE. 


185 


authority,  &  putt  into  yorke  Goale  w'  I  must  haue  Con- 
tine  wed  to  the  greate  p'judice  of  my  selfe  &  family  had 
not  Mr.  Kishworth  or  some  other  Ino:agd  with  mee  in  a 
bond  of  one  hundred  pounds  to  answere  at  the  next  Court 
to  bee  houklen  for  this  guence/ 

Hono'"'^  Gentleiii :  these  &,  the  like  discorageing  Injurys 
Inforceth  mee  to  Complayne,  &  craue  my  security  from 
your  selues  according  to  j^our  Ingagemenf  by  articles  of 
agreement,  &  as  by  3-0'  late  Act  you  require  o""  continewed 
subjection,  I  do  desire  yo""  g'"ection,  &  Call  for  yo'  speedy 
sucor  &  Assistance,  to  p''vent  anie  Determent  wch  otherwise 
may  Accrew  I)}'  my  sufterings  from  these  Comissio""'  either  in 
my  pson  or  estate  for  pformeing  obedience  to  yo""  authority 
according  to  my  duty,  from  whom  I  do  wayte  for  releife, 
&  security  vnder  yo""  pouer  (till  his  Magesty  otherwise 
determine,  for  ol^tayneing  w^^f,  It  is  the  earnest  request  of 
yo"^  worships  humble  seruant 

Deceml/  10  :  62  :  to  bee  Comanded, 

Daniell  Goodwiue 
his  marke  %Jk,^ 
Constable 

Letter   to     Gov.    Endicott 

Goodwins  Const  of  Kittery'  letter  to 

GoGno''  Endicott 
gducd  in  Court  May  1663 

Sir  I  haue  made  bould  to  Inclose  my  Addresse  for 
releife  to  the  Gcnerall  Court  vnto  yo""  worshipc,  whose 
furtherance  y'in  I  doe  humbly  Craue  with  as    much  convcu- 


186 


DOCUMENTARY   HISTORY 


ient  speede  as  may  bee,  desiveing  the  Lord  to  guide  you  In 
all  yo""  weight}'  uflayres,  I  take  leaue  to  suljscribe  my  selfe 

Yo''  huml)le  seruant 

Daniell  Goodwine. 

For  the  right  worship'^ 
^       John  Endicott  Esrf  Governe'' 
^■S'q  of  the  Mascatusetts  Colouey 

PseDt. 


Letter  from   Henry   Jocehjn  &  others    Commissioners 
JS'ov.    5.    1664. 

Gentlemen , 

Our  hono  :"  done  vnto  you,  The  pro- 
gresse  of  the  affayres  of  y*"  province  of  Meyne,  being  to 
you,  as  us,  well  known  : 

This  application  to  you,  doth  Importune  yo''  reception  of 
these  our  trusty  &  well  beloved,  Collonell  Archdayle,  and 
Mr  Francis  Hooke,  whom  by  espetiall  comand  &  Instruction 
wee  haue  Chozen  ;  for  the  seruice  of  his  Sacred  Magesty, 
and  our  Ld  Proprietor  Fardinando  Gorges  Es(i'',  to  tender 
vnto  3'ou  a  gratious  order  from  his  sd  Magesty,  humbly 
Attended  with  a  Letter  from  the  sayd  Fardinando  Gorges 
Esq""  which  wee  hope,  &  pray,  to  you  may  bee  very  Accep- 
table, &  by  you  duly  responded  :  Further  requesting  In  the 
name  of  our  selues,  &  the  people  of  the  s'"  province,  your 


OF    THE    STATE    OF    MAINE. 


187 


Courteous  &  peaceful  clisceadure  from  further  comanding  vs 
t^  them,  which  wee  hereby  &  truly  resolue,  no  way  resistiue 
to  the  proecedent  articles  by  your  selues  Concluded,  & 
further  know  our  selues  (as  hath  beene  publist  by  an  Ime- 
diate  order  &  command  from  his  Sacred  Magesty  bound  to 
yeild  our  obedience  to  the  sd  Fardinando  Gorges  Esq'' :  For 
which  in  soe  doeing,  wee  shall  Ingage  all  Attendency  to 
Xeighbo''hood,  &  all  amicable  seruice/ 

Sir — your  freinds  &  Servants/ 
Dated  this  5'"  of  Xoveml/ 
:  1664: 

Henry  Jocelyn.  Com 

John  Archedale  Com 

Robert  Jordan  comr 

Edw  :  Rishworth  Couiisso'' 

ftran  Raynes  Comis 

Tho  Withrs  Corns'^ 


Profesf  af/((ins/  (he   Gov^  i&  Council  of  3Ia.'<f<cfc/nif<effs  inter- 
meddling  with   the    Government  of  the  Province  of  Maine. 
Nov.  5.  1664. 

Whereas  his  Orations  Majestic  King  Charles  y*^  Second 
hath  beenc  i)leased  to  contirme  by  his  Immediate  order  vnto 
ir.M-.linando  Gorges  Esfi"",  y*^  Government  &  territories  of  y® 
piovince  of  Maine  for  Ever,  &  to  Command  a  resignation 
troiii  ;ill  |)(,'rs()ns  vsurping  y"  foresaid  riovernmcnt ,  wlicreot 
^\  CO  are  (y()iinnan<U'd  to  giue  signification:  Wee  Do 
therefore    giue    notice     to     all     persons     of    y"    vnlawfull- 


188  DOCUMENTARY   HISTORY 

ness  of  any  such  Act,  more  gticularly  to  y®  Governor  & 
Councell  of  y®  Massachusets  Colonie ;  protesting  against 
their  intermeddling  w*"^  y*^  government  threof,  as  they  will 
answer  y^  Contrary  att  his  Majesties  indignation,  w*^''  is  done 
in  y®  name  of  Ferdinando  Gorges  Esq""  Sole  Proprietor  there- 
of, &  declared  so  to  bee  by  y''  forememtioned  Act  of  Grace  : 
for  y*^  proof  &  in  y®  Mayntenance  whereof  wee  do  Appeale  to 
his  Majesties  honorable  Commissioners  Colonell  Richard 
Nicols,  S"" :  Eob^  Carr  Georg  Cartwright  Esq""  Samuel  Maver- 
ick Esq*" :  from  whome  wee  shall  expect  equall  Justice 
Dated  y'^ ;  5"'  Noveml/  : 
1664 

ffran :  Champernown  Com 


Henry  Jocelyn 

Coinss 

John  Archedale 

Commir 

Robert  Jordan 

Comm 

Edw  :  Rishworth 

Coiiiisso^ 

Aran:  Raynes 

Comisr 

Tho  Withrs 

Coiiir 

Answer   to  Letter  from   Henry   Jocelyn   S   others. 

At  A  Councill  called  by  the  Gouerno""  Cap*.  Gookin  m'' 
Russell  &  m--  Lusher  &  held  at  Boston  the  30"^  of 
Nouember  1664. 

In  Answer  to  a  letter  Directed  to  the  Gouerno'"  &  council 
from  Henry  Jocelyn  Esq""  m''  John  Archdale  in*"  Roliert  Jor- 
dan m*"  Edward  Rishworth  &c  on  the  behalfe  of  fferdinando 
Gorges  Esq""  for  the  surrender  of  the  Province  of  Maine  to 


OF  THE  STATE  OF  MAINE.  189 

the  said  m''  Gorges  or  his  Comissione"  according  to  his 
Majesties  pleasure  signified  in  his  letter  bearing  date  the 
ll''^  of  June  1664. 

The  Council  assembled,  declare  that  the  lands  conteyned 
in  the  County  of  Yorke  by  them  called  the  Province  of 
Maine,  Avere  &  are  claimed  as  part  of  the  Patent  graunted 
to  the  ]\Iassachusets  which  Patent  preceds  the  Patent  granted 
to  S"  fferdinando  Gorges  and  therefore  the  council  may  not 
give  vp  the  Interest  of  the  Colony  w^'out  the  consent  of  the 
Generall  Court,  who  wee  doubt  not  will  be  ready  to  Attend 
his  Majesties  Order  in  taking  their  first  oppertunity  to  give 
his  Majesty  their  reasons  for  theire  so  clayming.// 

And  further  the  Council  doe  declare  that  they  haue  good 
reason  to  believe,  that  his  Majesty  haue  binn  misinformed 
concerning  this  matter,  &  that  ou""  messenge'''  to  his  Majesty 
haue  been  misrepresented  or  mistaken.  Wee  having  neuer 
vnderstood  from  them  any  such  concessions,  as  are  related  to 
be  made  by  them  nor  were  they  comissionated  to  act  therein./ 

And  doe  also  further  declare  that  no  Comissionc"  ought 
to  excercise  and  Gouernment  in  Yorkshire,  or  Province  of 
Elaine  so  called  by  virtue  of  any  Comission  from  m""  Gorges ; 
nor  any  the  Inhabitants  yeeld  ol)edience,  countenance,  or 
asi.stance,  to  any  such  comissioners  but  ought  to  continew 
in  their  subjection  to  the  Massachusets  according  to  the 
present  establishment  of  Gouernment  amongst  them  :/ 

His  Majesty  having  declared  his  pleasure  that  the  Massa- 
chusets Colony  shall  haue  liberty  to  vindicate  their  right, 
by  rendring  his  Majesty  the  reasons  of  their  clainie  before 
any  al)solute  injunction  of  their  surrender;  the  cequity 
whereof  son)e  of  the  priMcii)all  Inhabitants  of  the  said  place 


190  DOCUMENTAKY   HISTORY 

haue  before  conceded  vnto,  cas  may  appeare  by  their  articles 
by  them  signed  &  therefore  If  any  evill  &  Inconvenience 
shall  fall  out  by  the  Interposition  &  Interuption  of  any  of 
the  abouesaid  Comissione's  they  must  be  accounted  the 
autho'"s  thereof  &  expect  to  be  agcomptable  to  his  Majesty 
for  the  same. 

By  the  Council  Edward  Rawson  Secret 

That  this  a  true  Copie  Compared  w"'  the  originall  act  of 
the  Council : 

Attes*  Edward  Rawson  Secret. 


Bale  of   Yorh's  Patent.   1664. 

Charles  y^  Second  by  y^  Grace  of  God,  King  of  England 
Scotland  France  &  Ireland,  Defender  of  y"^  taith  &c.  To  all 
to  whome  these  p'"sents  shall  come  Greeting.  Know  yee  y' 
wee  for  divers  good  causes  &  consideration  haue  of  o""  special 
grace  certaine  knowledge  &  meere  motion  given  &  granted, 
&  by  these  p'sents  for  us  o""  heyres  &  Successors  Doe  give 
&  grant  vnto  o'  dearest  brother  James  Duke  of  Yorke  his 
heyres  &  Assignes,  All  y*^  part  of  y*"  maine  land  of  New 
England  begining  at  a  certaine  place  called  or  knowne  by 
y^  name  of  S'  Croix  next  adjoyning  to  New  Scotland  in 
America,  &  from  thence  extending  along  y°  sea  coast  unto  a 
certaine  place  called  Petnaquind  or  Pemaquid  &  so  up  y® 
riue""  y'  of  to  y'^  farthest  head  of  y®  same,  as  it  tendeth 
northwards  &  extending  fro  y*  river  of  Kinel)3que,  &  so  up- 
wards by  y®  shortest  course  to  y**  river  Canada  Northwards, 


OF    THE    STATE    OF    MAINE.  191 

&  all  }■'  Island  or  Islands  coiTionly  called  by  y""  several  name 
or  names  of  ]\Ialawacks  or  Lonof  Island,  scituate  &  1)eino: 
towards  y*^  west  of  Cape  Cod,  &  y®  Narrow-  Iliggansetts, 
al)utting-  vpon  y°  maine  land  1)etweene  y*^  two  rivers  y'  culled 
or  knowne  liy  y^  several  names  of  Connecticutt  &  Hudsons 
Kiver,  together  also  witn  y*^  sd  river  called  Hudsons  river, 
&  all  y*=  land  fro  y"  west  side  of  ye  Connecticutt  river  to  ye 
east  side  of  Delaware  bay,  And  also  all  those  several  Islands 
called  or  knowne  by  y^  names  of  Martin  vineyards  &  Nan- 
tukes  otherwise  Xantuckett,  together  with  all  y*'  lands 
Islands  soyles  rivers  harl)ors  mines  minerals  quarryes  woods 
marshes  waters.  Lakes  ffishino-s  hawkins;  huntins;  &  fowl- 
ing :  &  all  other  Royalties  proffitts  comodityes  &  hcreditam*^ 
to  y*^  s*'  several  Islands  lands  &  p'misses  belonging  &  apper- 
taining with  their  &  every  of  their  appurtenances,  &  all  our 
Estate  Right,  title  &  Interest  benefit  &  advantage  claime  & 
demand  of  in  or  to  y^  s*^  Lands  or  p''misses  or  any  part  or 
parcel  thereof,  &  y*^  reversion  &  reversions  remainder  & 
remainders  together  with  y"  yearly  &  other  Rents  revenues 
&  proffits  of  y"  j/misses  &  of  every  part  &  pcell  y''of.  To 
Have  and  to  Hold  all  &  singular  y"  s''  lands  &  p''misses  with 
their  &  ever}'  of  their  ap|)urtenances  hereby  given  &  granted, 
or  herein  given  &  granted,  or  herein  before  mentioned  to 
be  given  &  grant(;d  unto  o'  s"  dearest  ])roth(M-  James  Duke 
of  Yorke  his  heyres  or  Assignes  for  ever.  To  be  holdcn  of 
us  o""  heyres  &  Succsssors  as  of  o'  manno'  of  East  Greenwich 
in  o'  County  of  Kent  in  free  &  coinon  soccage  &not  in  capite 
or  by  Knights  service,  yielding  &  rcndring ;  And  y"  s** 
James  Duke  of  Yorke  for  himselfc  his  heyres  &.  assignes 
doth  covenant  &  promise  to  yield  &  render  unto  Us  o""  heyres 
&,  successors  of  &  for  y''-  same  3^early  &  ever}''  j^eare  forty 
beaver  skins  when  llit'V  shall  In;  dciiiaiidcd,  or  within  ninety 
dayes  after  such  demand  made.  And  we  do  further  of  o' 
si)Ocial  grace  certain   knowledge  &  nicer  m<jtioii   for  Us  o' 


192  DOCUMENTARY   HISTORY 

heires  &  Successors  giue  &  grant  unto  o'  s*^  dearest  brother 
James  Duke  of  Yorke  his  heires  Deputyes  Agents  Comis- 
sion''  &  Assignes  by  these  p'sents  full  &  absolute  power  & 
Authority  to  correct  punish  pardon  governe  &  rule  all  such 
y^  subjects  of  Us  o""  heires  &   Successors   or  any  other  pson 
or  psons  as  shall  fro  time   to  time  adventure  y"selues  into 
any  y'^  partes  or  places  foares",  or  y'  shall  or  doe  at  any  time 
hereafter  inhabit  within   y®   same  according  to  such   lawes 
orders  ordinances   direcco^  &  lustrucco'  as   by  o''  s*^  dearest 
brother  or  his  Assignes  shall   be  established  ;  And  in  defect 
thereof  in  cases  of  necessity  according  to  the  good  discre- 
tions of  his   Deputyes   Comission^%   OiBcers  or  Agents  re- 
spectiuely  as  well  in  all  cases  &  matters  capitall  &  criminal 
as  Civil  Marine  &  others,  so  alwayes  as  y®  s''  Statutes  ordi- 
nances &  proceedings  be  not  contrary   to,  but  as  neere  as 
may  be  agreeable  to  y°  lawes  statutes  &  Goverm'  of  this  o' 
Realme  of  England  ;  And  saving  &  reserving  to  us  o'  heires 
&    successo'^     y^    receiuing   hearing   &    determining    of   y« 
Appeale  &  Appeales  of  all  &  or  any  pson  or  gsons  of  in  or 
belonging  to  y^   territoryes  or  Islands  afores'^  or  touching 
any  Judgm'  or  sentence   to  be  there   made  or  given,  And 
farthe  y'  it  shall  &   may  be   lawfuU  to  &,  for  o''  s'^  dearest 
brother  his  heyres  &  assigns   by  the  p''sents  from  time  to 
time  to  nominate  make  constitute  ordaine  &  Confirme  such 
lawes  as  afores^^   by  such   name  or   names,    stile    or   stiles 
as  to    him    or   them    shall    seeme   good ;    And    likewise  to 
revoake    discharge    change    &   altei',    as    well    all    &    sin- 
gular Governo''^  Offices   &  Ministers    which  hereafter  shall 
be  by  him  or  y™  thought  titt  &  needfull  to   be  made  or 
used    within    y'^     afores""    Islands     &    parts    And   also    to 
make  ordaine  &  establish  all  manner  of  lawes  orders  direcco' 
Instrucc5^  formes  &  Ceremony  es  of  Go  verm'  &  Magistracy 
iitt  &  necessary  for  &  concerning  y*^  Governi'  of  y"^  Terri- 
toryes &  Islands  afores'',  so  alwayes  as  y^  same  be  not  cou- 


OF    THE    STATE    OF    MAINE.  193 

traiy  to  j^  lawes  "&  statutes  of  this  o""  Eealme  of  England, 
but  as  neer  as  may  be  agreeable  therunto   &  y®  same  at  all 
times  hereafter   to  putt    in  Execution   or   abrogate  revoake 
or  change,  not  only  within  y*'  p'cincls  of  y®  s'^  Territoryes 
or  Islands,  l)ut  also  upon  y^  seas  in  going  &  coming  to  & 
fro  y®  same  as  he  &  they  in  their  good    discretions    shall 
thinke  fittest  for  y®  good  of  y^  Adventurers  &  Inhabitants, 
And  we  do  furtlier  of  o""  especial  grace  certain  knowledge  & 
meer  motion   Grant  ordaine  &  declare  That  such  Governo"^ 
Deput}'es  Officers  &  Ministers  as  from  time  to  time  shall  be 
authorized  &  appointed  in  manner  &  forme  afores''  shall  & 
may  have  full  power  &  authority  within  y^  territory  afores*^ 
to  use  &  exercise  Marshall  law  in  case  of  rebellion  Insur- 
reco  &  mutiny  in  as  large  &  ample  manner  o''  Lieu'^  in  o"" 
Countves  within  o''   Realm  of  Eno-land  haue    or   ou2:ht   to 
haue  by  force  of  their  Comissio  of  Lieutenancy  or  any  law 
or  statue  of  this  o""  Realme,  And   we  do  farther  by  these 
p^sents  for  us  or  heires  &  successors  grant  vnto  o'"  s*^*  dearest 
brother  James  Duke  of  Yorke  his  heyres    &  Assignes    y*^ 
it  shall    &  may  be  lawfull  to    and  for  y''  s^  James  Duke  of 
Yorke   his    heires    and    assigns    in    his    or  their  discretion 
fro    time    to    time    to    admitt    such    &    so    many   gson    & 
gsons    to    trade    &    traffick    into    &    within    y*^   Territoryes 
&   Islands    afores''   &    into    every   or   any   part   or   parcell 
therof,  &  to  haue  possess  &  injoy  any  lands  &  hereditam''  in 
the  parts  &  places  afores''  as  they  shall  thinke  fitt,  according 
to  y"    lawcs   orders    constitutions    &   ordinances    by    o""   s** 
brother  his  heyres  Deputycs  Comission"  &  Assignes  from 
time  to  time  to  be  made  &  established  by  virtue  of  &  accord- 
ing to  y*^  true  intent  &  meaning  of  these  p^sents  &  under 
such  conditions  I'cfoi-aco  &  agreem*'  as  o""  s''  dearest  brother 
liis  heires  &  assigiujs  shall  sett  downe  order  direct  &  a])point 
&  not    olhciwist!  as  afores''.        And   we  do     farther  of     o"" 
esijecial  gi-ace    certain    knowUnlg    c*i  nicer  nioliT)   for   us  or 

heires    &    successors     giue     &    urant    vnto    o'    s''    dearest 
13 


194  DOCUMENTARY   HISTORY 

brother  his  hekes  &  Assignes  b}"  these  i/sents  that 
it  shall  &  may  be  lawfuU  to  &  for  him  them  or  any  of  them 
at  all  6c  every  time  &  times  herafter  out  of  any  of  o''  Realmes 
or  Dominions  whatsoever  to  take  lead  carry  &  transport  in 
&  into  their  voyages  for  &  towards  *y^  plantaco  of  o""  s''  Ter- 
ritoryes  &  Islands  afores'^  all  such  &  so  many  of  o""  loving 
subjects  or  any  other  strangers  being  not  prohibited  or 
under  restraint,  y*  will  become  o''  loving  subjects  &,  Liue 
under  o""  Allegiance  &  shall  willingly  accompany  them  in  y® 
s*^  voyage  together  with  all  such  cloathing  Implements  fur- 
niture &  other  things  usually  transported  &  not  prohibited 
as  shall  be  necessary  for  y"^  inhabitants  of  y''  s**  Islands  & 
Territoryes  &  for  their  use  &  defence  therof,  managing  & 
carrying  on  y®  Trade  with  y''  people  there  &  in  passing  & 
returning  to  &  fro,  yielding  &  paying  to  Us  o""  heires  &  suc- 
cessor y®  Customes  &  dutyes  therefore  due  &  payable  ac- 
cording to  y^  lawes  &  customes  of  this  o""  Realrae.  And 
we  do  also  for  us  o*"  heires  &  successors  grant  to  o""  s** 
dearest  brother  James  Duke  of  Yorke  his  heires  &  Assignes 
&  to  all  &  every  such  Governo""  or  Governo'"^  or  Deputyes 
their  officers  or  ministers  as  by  or  s*^  brother  his  heires  or 
Assignes  shall  be  appointed  to  haue  power  &  authority  of 
Goverm*  or  coiiiand  in  or  over  y''  Inhabitants  of  y''  s*^  Terri- 
toryes or  Islands,  y*  they  or  every  of  them  shall  &  lawfully 
may  fro  time  to  time  &  at  all  times  for  ever  herafter  for 
their  several  defence  &  safety  encounter,  repulse  &  repell  & 
resist  by  force  of  Armes  (as  well  ])y  sea  as  by  land)  &  all 
wayes  &  meanes  whatsoever  all  such  pson  &  gsons  as  witout 
the  special  license  of  o*"  dearest  brother  his  heires  &  Assigns 
shall  attempt  to  inhabit  within  y^  several  p''cincts  &■  liuiitts 
of  o""  s''  Territoryes  &  Islands,  And  also  all  &  every  such 
gson  &  gsons  whatsoever  as  shall  enterprize  &  attempt  at 
any  time  hereafter  y*  destrucco  invasion  detriment  or  annoy- 
ance to  y*  parts  places  or  Islands  afores*^,  or  any  part  therof. 
And  lastly  o""  will  &  pleasure  is  &  we  do  hereby  declare  & 


OF    THE    STATE    OF    MAIXE.  195 

grant,  That  these  o""  Letters  Pattents  or  y®  enrolment  therof 
shall  be  good  &  effectual  in  law  to  all  intents  &  purposes 
whatsoever  Xotwithstauding  y^  not  well  &  true  reciting  or 
mentioning  of  y^  p'"raisses,  or  any  part  therof,  ory^  limitts  or 
bounds  therof,  or  of  any  former  or  other  Letters  Pattents  or 
grants  whatsoever  made  or  granted  or  of  any  part  therof  by 
Us  or  any  of  o""  progenitors  unto  any  any  gson  or  psons 
whatsoever,  Bodyes  politick  or  corporate,  or  any  law  or 
other  restraint  Incertainly  or  inipfectio  whatsoever  to  y^ 
contrary  in  any  wise  notwithstanding,  Although  express 
mention  of  y®  true  yearly  valine  or  certainty  of  y®  premisses 
or  of  any  of  them,  or  of  any  other  gifts  or  grants  by  Us  or 
any  of  o""  progenito"^  heretofore  made  to  y"  s'^  James  Duke  of 
Yorke  in  these  p''sents  is  not  made,  or  any  Statute  act  ordi- 
nance provision  proclamatio  or  restrictio  heretofore  had 
made  enacted  or  provided  or  any  other  matter  cause  or 
thing  whatsoever  to  y"^  contrary  therof  in  any  wise  notwith- 
standing. In  Testimony  wherof  we  have  caused  these  o"" 
Letters  to  be  made  Pattents  wittness  o''  selfe  at  Westminster 
y"'  29"'  day  of  June  in  y^  26"'  year  of  o''  Reigne 

Pigott 
A  true  Coppy  Examined  by  me 

Matthias  Nichols  Seer'. 


Nova  Scotia. 
Extract  from  severall  pieces  relating  to  the  title  to  ITova  Scotia. 

That  Mons''  do  la  Tour  first  discovered  that  country  near 
60  yeares  agfje  and  l)uilt  for  his  owne  habitation  the  place 
called  St  Johns  Fort  u[)on  ye  River  of  St  Johns. 

Mon'  de  la  Tour  coming  into  Scotland  engaged  Sir  William 
Alexander  then  Secretary  of  State  to  King  James  to  support 
his  right  in  it  and  for  that  end  to  take  part  of  ye  interest 
and  in  order  thereto  Sir  William  Alexander  obtained  a  grant 


196  DOCUMENTARY   HISTORY 

of  it  from  K.  James  —  1G21.  This  Grant  was  by  K.  Ch.  I. 
conferred  on  Sir  William  Alexander  (now  Earle  of  Sterlin) 
1625 

In  the  yeare  1630.  ye  Earl  Sterlin  for  Consideracons 
Conveyes  part  of  Nova  Scotia  to  M""  de  la  Tour  w""  right  of 
a  Marquesat  &c.,  and  this  was  confirmed  under  ye  Great 
Seale  of  Scotland 

In  ye  yeare  1632  ye  Earle  of  Sterlin  at  ye  Kings  persua- 
sion did  (inter  alia)  surrender  into  the  hands  of  the  French 
by  virtue  of  y**  treaty  of  that  yeare  Fort  Royal  which  was 
not  Contained  in  his  grant  to  la  Tour  for  which  surrender 
ye  K.  gave  the  Earle  a  Privy  seale  for  10.000'  issueable  out 
of  ye  revenue  of  Scotland  which  sume  was  never  paid  ye 
Earle,  And  hense  arrises  ye  pretencoiis  of  ye  Earles  widdow 
married  to  Coll.  Blount  and  of  ye  Earles  heires  (Daughters 
and  Sons)  In  ye  Earles  right  came  in  S''  Lewis  Kirke  M' 
Francis  Barkley  &''  who  bestowed  vast  suines  in  planting 
that  Country  upon  Contract  w"^  ye  Earle,  and  who  having 
upon  the  same  Treaty  surrendered  their  interest  to  the 
French  for  60,000'  sterling  which  Avas  never  satisfied  by 
the  French  Kirke  and  Barkley  thinke  they  have  an  equita- 
])le  pretention  in  this  matter.  After  the  yeare  1632  ye 
French  that  were  in  possession  of  Fort  Royal  make  warre 
upon  La  Tour  at  St  Johns  Fort  whereby  La  Tour  was  con- 
strained to  goe  to  New  England  for  succour  for  obtaining  of 
which  he  mortgaged  his  Fort  of  St  Johns  to  M""  Gibbons, 
but  when  La  Tour  returned  to  Nova  Scotia  he  findes  ye 
French  under  one  Dobry  had  seized  his  Fort  St  Johns  and 
comitted  severall  other  outrages,  of  this  he  complaines  to 
the  King  of  France  who  disownss  the  action  and  gives  La 
Tour  a  power  to  seize  Dobry  wherever  he  findes  him  in  order 
to  satisfaction. 

La  Tour  returning  to  Nova  Scotia  findes  Dobry  dead  and 
marrying  his  widdow  enters  into  possession  of  Port  Royal 
which  he  now  holds  by  that  right. 


OF    THE    STATE    OF    MAINE.  197 

Att  the  length  viz  1655  Sedgewicke  haveing  a  designe  of 
attempting  Something  in  America,  upon  ye  Duch  Manadons, 
and  the  peace  w"'  Holland  having  diverted  him  ;  turns  with- 
out order  his  force  upon  ye  French  in  Nova  Scotia,  seizes  la 
Tours  Fortes  and  brings  himselfe  prisoner  to  Cromwell,  but 
Cromwell  thought  fitt  to  restore  that  Country  to  La  Tour 
.and  with  him  (upon  Articles  agreed  between  them)  to  Tho' 
Temple  &  William  Crowne  by  a  deed  in  August  1656  and 
soe  it  remained  when  ye  King  returned  —  It  may  be  doubted 

In  which  Prince  ye  Right  of  Souver- 
aignety  and  ye  propriety  is,  ye  King  of 
England,  or  ye  French  King. 

If  in  his  Ma'y  and  his  subj*'  then 
whether  in  Temple,  &  Crowne  &",  by 
Cromwells  grant  or  what  pretencoiis 
are  to  be  allowed 

Kiike      ) 

";    ,  ,       f  for  their  60,000' &« 

Barkley  \ 

2  Gibbons  for  his  mortgage 

3  Ea  Sterlins  heircs  &«  for  their  10,000' 

Nova  Scotia 

A  quo; re  whether  it  belong  to  ye  French  King  or  his 
nia'>  ;  and  In  what  hands  it  hath  been  since  the  first  discovery 
thereof  by  Mon'*'  de  la  Tour,  in  1605. 

An  Account  of  Nova  Scotia 

Nova  Scotia  or  Arcadia  (as  the  French  call  it)  was  dis- 
covered by  the  English  unto  ye  river  Canada  in  the  reign 
of  Henry  the  seventh  further  discovered  in  1535  :  in  Q  Eliz- 
iibctiis  Ueigne  sec  —  Ilackliiyts  3  volume  &  l*urclias  his 
[)iigramage  eighth  Bookc 

Iti  1627  &  1()28  there  happened  a  war  between  France  & 
Kngland  Sir  Lewis  Kirke  ,]u\\\\  Kirke  and  partners  and  Sir 


198  DOCUMENTAEY   HISTORY 

William  Alexander  sent  severall  ships  thither  and  surprised 
ye  French  ships  sent  with  provisions  to  strengthen  ic  and 
after  wardes,  Port  Royall  Fort  Quebec  Cape  Breton  and 
severall  other  places. 

Afterwards  viz  On  24"'  April  1629  acts  of  hostility  were 

to  cease,  and  all  taken  two  months  after  that  to  be  restored 

to  ye  great  damage  of  Kirke  &*=  March  ye  29"'  1632  By  an 

article    of    agreement    Arcadia   Canada    Port    Royal    Fort 

Quebec  and  Cape  Breton  ^yas  to  be  delivered  to  ye  French 

the  French  King  to  pay  4436'  to  Sir  Lewis  Kirke  by  Du 

Cape  a  Frenchman  who  was  protected  by  ye  French  King 

that  he  could  not  be  compelled  by  Courts  of  Justice  to  pay 

ye  same.     The  king  our  Souveraign  did  not  intend  to  quit 

ye  title  but  ye  11"'  May  1633  on  consideration    of  50,000' 

charges  ye  Kirkes  had  been  at  in  Surprising  Quebec  and 

other   places   on  ye  River   of  Canada    which    before   were 

under  ye  French  King  and  in  regard  of  the  obedience  of 

Kirke  in  complyance  with  ye  treaty  did  by  patent  of  ye  11"* 

May  1633  grant  unto  Lewis  Kirke  ye  sole  trade  into  the  s** 

river  Gulf  lakes  and  adjacent  islands  and  continents  on  both 

sides  ye  s''  river  for  31  years.     In  February  1633  Kirke  set 

out  a  ship  called  ye  Mary  Fortune  bound  to  ye  river  Canada 

(there  being   peace   between   England    and    France,  where 

shee  traded  a  month  and  the  Bon-contempt   viee   admiral 

over  powering  her  brought  her  to  Diepe  where  shee  and  her 

lading  were  confiscated  being  worth  12000'. 

The  complaint  for  this  Ship  &  ye  4436  being  continued  no 
redress  was  granted. 

In  1654  Cromwell  in  hostility  with  ye  French  Armed  out 
a  fleet  which  seized  on  Port  Royal  Fort  St  John  Pentagout  &" 

Nov'  ye  3"  1655  the  French  waived  their  claim  as  to  the 
present  Restitution  of  those  places  but  referred  the  decision 
of  that  and  other  difterencies  to  Arbitration. 

1.  Acadia  lyes  between  42  &  45  of  North  latitude  iuclud- 
ing  the  great  rivers  of  Canada  which  contains  ye  gulf  of  St 


OF    THE    STATE    OF    MAINE.  199 

Laurence  which  at  ye  Entrance  is  22  leagues  broad  and  ex- 
tends itself  800  miles  west  and  by  South  into  many  great 
lakes  lying  on  ye  backside  of  the  English  plantations  it  may 
therefore  concern  his  j\Ia'^'  to  keepe  ye  place  demanded  by 
ye  French  Ambassadors  and  to  plant  colonies  up  and  down 
Canada  and  Nova  Scotia 

2.  It  is  fertile  in  corne  &  pasturage 

3.  It  is  stored  with  comodities  supplyed  by  ye  sound  as, 
pitch,  tarre,  hempe,  masts,  timber  furres,  which  single  trade 
brinff  ffreat  revenue  to  England  and  other  advantages  besides 
copper  and  other  mines. 

4.  The  reducemeut  of  it  under  his  majesties  Dominions 
will  divide  America  with  ye  Spaniard  and  unite  all  our  plan- 
tations, between  which  ye  French  do  now  interpose  and  if 
not  timeh' prevented  will  give  them  an  advantage  to  destroy 
ye  trade  of  scale,  wdiale,  cod  &  morse  lishing  which  though 
plentiful  is  ye  least  thing  considerable  and  by  degrees  make 
them  a])le  to  infest  our  said  plantations  and  disturb  our  nav- 
igation in  those  seas  and  perchance  Arme  ye  Indians  against 
us. 

An  account  of  Xova  Scotia  etc 

^Memorial  of  the  French  Aml)assadors  about  the  restitution 
of  part  of  Acade  to  ISIon  le  Borgne. 

Read  in  Council  27'"  Xovr.  1661 

In  the  year  1628  the  French  king  granted  the  province  of 
L'accadie  to  the  company  of  New  France,  forbidding  in  the 
said  grant  all  persons  of  what  quality  soever  to  trafficque 
with  llic  savages  by  way  of  Trucke  for  Skinns,  Avhich  is  all 
the  |)rc)fmct  and  connnerce  of  that  Country 

In  1657  the  Company  of  New  France  nominated  unto  the 
King  Sieur  L'P»orgne  to  be  Governor  of  the  said  province, 
wlnTciqioi)  the  King  g:iv(!  him  ;i  comiiiission  to  cohimikI  there 
ill  that  (|ualily  and  renewed  his  pr()hil)iti()ns  conccniiiig  the 
tnillicque  &,  truckc!  aforemenconcd 

Contrary  whereunto  in  August  1661  an  English   Barque 


200  DOCUMENTAEY    HISTORY 

of  15  or   16  tunn  was  met  with  in  the  Port  of  La    Ileue 
(which  is  in  the  midst  of  the  said  province)  laden  with  200 
beaiier   and  GO  other  skins,  gotten  by  Trucking  and  with 
other  coniodities  intended  for  the  continuance  of  that  traf- 
ticque,  In  this  condicon    the  vessel  was  taken  by  the  said 
Sieur  Le  Borgne  his  son   (the  Kings  Lieutnt  in  his  fathers 
absence)  and  thence  l)rought  into  France  ;  where  the  Court 
of    Admiralty    desiring    to  proceed  against    seven  of    the 
ships    Company    according  ,to  the    extremity  of    the  laws, 
and  to  that  end  having  imprisoned  them,  the  Said  Sieur  Le 
Borgne  consented    to    their    enlargement    whereupon   they 
were  set  at  liberty.     The  said  Sieur  le  Borgne  being  now 
in  London  by  order  from  the  king  in  the  French  Ambassa- 
dors family  to  wait  an   issue  of  his  sollicitations  with  the 
King  of  Gt  Britain,  for  restitution  of  a  part  of  L'Accadie 
usuped  by  the  English   under  an   illegall  Government  and 
upon  pretent  of  a  surepetitious  grant  from   01.   Cromwell 
against   all   right    Sieur   Bataille,  secretary  of  the    French 
Embassy  doth  in  the  Ambassadors  absence  desire  that  seeing 
the  justification  of  the  said  prize  dspands  upon  that  regula- 
tion which  is  expected  concerning  the  said  Restitution,  the 
King  of  Gt  Britain  would  be  pleased  in  the  mean  time  to 
suspend  and  surcease  all  orders  that  ma}^  be  required  against 
the  said  Sieur  Le  Borgne  by  the   owners  of  the    foresaid 
Barque,  forasmuch  also  as  he  oflers  to  give  security  not  only 
to  the  value  of  the  said  prize  but  of  all  the  others  taken  by 
the  French  from  the  English  as  offenders  against  the  foresaid 
prohibicons,  In  case  the  said  restitucon   be  not  adjudged  to 
be  made  provided  that  at  the  same  time  those  that  shall 
appeare  as  parties  do   otler  and  do  the  like  for  the  prizes 
which  will   be  proved  to  have   been  unduly  taken  from  him 
and  the  French  in  the  said  province  by  any  of  his  ma'-^'  of  Gt 
Britain  his  subjects 
London  December  3 

new  style    1661 
French  Ambassador  Concerning  L'Accadie 


OF  THE  STATE  OF  MAINE.  201 

State  of  the   Colony  of  Kenebeck  from  the   Comission'"''  of 
JS'eio  England 

1665. 

On  the  North  East  side  of  Kenebeck  River  (which  is  the 
bounds  of  the  Province  of  M;iyn)  upon  Shipscot  River;  & 
upon  Pemaquid,  eight  or  ten  miles  asunder,  are  three  small 
Plantations  belonging  to  his  Royall  Highness ;  the  biggest 
of  which  hatli  not  above  thirty  houses  in  it  &  those  very 
meane  ones  too  &  spread  over  eight  miles  of  ground  at  least 
These  People  for  the  most  part  are  ffishermen,  and  never 
had  any  Goverment  amongst  them,  most  of  them  are  such 
as  have  fled  hither  from  other  places  to  avoid  Justice ;  Some 
heere  are  of  opinion,  That  as  many  men  may  share  in  a 
woman,  as  they  do  in  a  Boat,  And  some  have  done  so. 

The  Coiuiss"  for  necessity  sake  have  apointed  the  best 
whom  they  could  finde  in  each  place,  to  be  a  justice  of 
Peace  &  have  ordered  three  of  those  Justices  of  the  Peace 
in  the  Province  of  Mayn  wdio  live  next  to  them  to  joyn  with 
them  in  holding  of  Sessions  till  further  order  be  taken. 

In  these  [)arts  are  the  best  Avhite  Oakes  for  Ship  Timber. 
All  the  Lands  granted  to  his  Royall  Highness  in  these 
Northern  parts  of  New  England  except  these  three  Planta- 
tions, are  also  granted  to  Sir  Tho  :  Temple  in  y''  Patent  of 
Nova  Scotia. 

Report  of  George  Cartwright  one  of  the  King's  Commis- 
sioners respecting  the  New  England  Colonies,  and  place  it 
before  the  "  State  of  the  Colony  of  Kenebec." 

My  Lord. 

As  in  duty  bound,  I  humbl}'-  present  to  your  Lord- 
ships view  this  brief  relation  of  the  actings  of  the  Commis- 
sioners in  New  England  &  of  each  (yolony  by  it  selfe.  The 
papers  1)\'  w'''  all  this  tSc.  nmch  nioi-e  might  have  been  demon- 
strated  were   lost   in   obeying   his   majesties  commands,  by 


202  DOCUMENTAEY  HISTOEY 

keeping  company  with  Cap  :  Pierce  who  was  ladened  with 
masts.  For  otherwise  in  probability  we  might  have  been  in 
England  tenne  daj^es  before  we  mett  the  Dutch  Capn,  who 
(after  we  had  defended  our  selves  two  howers)  took  iiight, 
&  landed  in  Spayn. 

Your  Lordships 
For  the  R'  Honiy*^  most  humble  servant 

The  Lord  Arlington  Geo  :  Cartwright 

Principall  Secretary  of  State. 


Orders   (fc   of  the  Commissioners  Jane  23.  1665. 

L  By  the  Kings  Comissione''s  for  Setling  the 
affaires  In  New  England. 
Wee  havinji;  scene  the  seuerall  Charters  ii^ranted  to  S"^ 
fFerdinando  Gorges  &  to  the  corporation  of  the  Massachusets 
bay,  &  having  receaved  Seuerall  petitions  from  the  Inhabi- 
tants of  the  Province  of  Maine,  which  is  layd  claime  vnto 
both  by  the  heires  of  the  said  S"'  fferdinando  Gorges,  & 
the  said  Corporation ;  In  which  petitions  the}'  desire 
to  be  taken  into  his  Majesties  imediate  protection,  & 
government,  having  considered  that  it  would  be  of  III 
consequence,  if  the  Inhabitants  of  this  Province  should 
be  seduced  by  those  of  the  Massachusets  bay,  who  haue 
already  by  Sound  of  Trumpet  denyed  to  submitt  them- 
selues  to  his  Majesties  authority,  which  by  Coihission  vnder 
his  great  Scale  of  England  he  hath  been  pleased  to  entrust 
us  with,  looking  vpon  themselues  as  the  Supreame  Power  in 
these  parts,  contrary  to  their  alleagiances  &  derogatory  to 


OF  THE  STATE  OF  MAINE.  203 

his  Majesties  Soueraignty,  &  being  desirous  that  the  Inhabi- 
tants of  this  Province  may  be  at  peace  among  themselves, 
&  free  from  the  contests  of  othe's,  &  the  Inconveniencies 
Avhich  thence  must  neceassrily  ensue,  to  the  end  they  may 
be  so ;  wee  by  the  power  given  us  by  his  sacred  Majesty 
vnder  the  great  scale  of  England,  doe  by  these  presents 
receive  all  his  Majesties  good  subjects  living  within  the 
Province  of  Maine,  into  his  Majesties  more  Imediate  protec- 
tion &  Gouernment,  And  by  the  same  power  &  to  the  end 
this  province  may  be  well  Gouernned,  wee  doe  hereby  nomi- 
nate &  constitute,  m""  Fran  :  Champernoone,  &  m^"  Kobert  Cutt 
of  Kittery,  m""  Edward  Johnson,  &  m''  Edward  Rishworth 
of  yorke  m""  Samuell  AVhelewright  of  Wells,  m''  Aran : 
Hooke,  &  m''  William  Phillips  of  Sacoe  ;  m''  George  ]\Iunjoy 
of  Casco,  m""  Henry  Jocelyn  of  bla  :  point  m''  Robert  Jordan 
of  Richemond  Island,  &  m''  John  Wincoll  Newgewanacke, 
Jus+ices  of  the  peace. 

And  wee  desire,  and  in  his  Majesties  name  require  them 
&  euery  of  them  to  execute  the  office  of  a  Justice  of  peace 
within  the  Province  of  Maine,  And  wee  heereby  Authorize 
&  Inipoure  m^  Henry  Josslin,  &  m""  Edward  Rishworth  Re- 
cor  or  either  of  them,  to  administer  the  oath  vnderwritten  ; 
(which  themselves  haue  taken  l)efore  us  to  all  the  forenamed 
Gentlemen,  who  haue  not  taken  it,  before  they  shall  act  as 
Justices  of  y*'  peace  :/ 

And  wee  hereby  give  power  &  authority  to  any  three,  or 
more  of  the  aboue  named  Justices  of  the  peace,  to  meete  at 
Conv(Mii!Mit  times  &  places,  as  heretofore  other  magistrates 
liaue  niett,  or  as  they  shall  see  most  convenient  &  there  to 
hearo  &  determine  all  causes  both  civil  &  criminal!,  to  order 
all  the  adaires  of  this  said  Province,  for  the  peace,  safety  & 
defence  thereof,  proceeding  in  all  cases  according  to  the 
lawcs  of  Kngland,  as  ncarc  as  may  be  &  thus  to  doe  vntill 
his  Majesty  will  please  to  A|)[)oint  another  government. 


204  ^  DOCUMENTARY   HISTORY 

And  In  his  Majesties  name  wee  require  &  comand  all  the 
Inhabitants  of  this  province  to  yield  obedience  to  the  said 
Justices,  acting  according  to  the  law  of  England  as  neare  as 
may  be. 

And  In  his  Majesties  name  wee  forbid  as  Avell  the  Comis- 
sione"  of  m'"  Gorges,  as  the  Corporation  of  the  Massachusets 
bay,  to  molest  any  of  the  Inhabitants  of  this  Province  w*** 
their  pretences,  or  to  execute  any  Authority  within  this 
Province  vntill  his  Majesties  pleasure  be  further  knowne, 
by  virtue  of  their  p''tended  rights. 

Given  vude""  ou''  hands  &  seals  at  Yorke  within  the  said 
Province  the  23'^  Day  of  June  in  the  seventeenth  yeare  of 
the  Eeigne  of  our  Soverraigne  Lord  Charles  the  2'"^  by  the 
grace  of  God  King  of  England  Scotland  France  &  Ireland  in 
the  yeare  of  our  Lord  God  1(365 

Wee  also  desire  all  Avho  lay  claime  to  any  land  in  this 
Province  by  Paten'^  to  haue  them  forth  comeing  by  this 
time  twelve  month.// 

Rob't  Carr 
George  Cartwright 
Samuell  Mauericke 

You  shall  sweare,  that  as  Justice  of  the  peace  in  the 
Province  of  Mayne,  yow  shall  do  oequall  I'ight  to  the  poore 
&  rich  :  after  the  Lawes  &  Customes  of  Enghmd,  according 
to  your  Cunning,  witt  &  power,  &  you  shall  not  be  of  any 
quarrell  hanging  liefore  you,  you  shall  not  let  for  gyft  or 
other  cause  but  well  &  truly  you  shall  doe  your  oifice  of 
Justice  of  the  peace,  So  help  you  God  &c 

Robe't  Carr 
George  Cartwrii>:ht 
Samuell  Mauericke 

A  true  Copy  of  this  coiTiission  &  oath  aboue  written  tran- 
scribed out  of  the  originall  &  therewith  Compared  this  4"' 
day  of  June  :  1665  g  Edw.  Rishworth  Re  :  cor  : 


OF    THE    STATE    OF    MAINE.  205 

That  this  is  A  true  Copie  compared  w'*'  the  orighiall  Copie 
so  signed  by  y*  said  Edward  Rishworth  Recorde""     Attest 

Edward  Rawson     Secret 


Capt  Champ'noone  &  m''  Jocelin  warr'  to  Inhabit  of  York 
21.  June  16G5 

Thease  are  in  the  Kinges  Name  &  by  Authority  from  him 
to  ffardinando  Gorge  Esq""  to  will  &  requrure  y"  to  Sumons 
all  the  Inhabitants  of  you""  Towne  to  app""  by  too  of  the 
clocke  to  morow  in  y*'  Afternone  before  Right  honourable  S'' 
Robert  Car  Knight  Coronell  George  Cartwrit  and  Samuell 
Mauerick  Esq""  to  hear  the  publication  of  A  Comision  from 
ou'  S"rin  Lorde  the  Kinge  Intrusted  to  them  for  y'^  Regula- 
tion of  all  y°  afaiares  in  Xew  England  as  y"  will  Answa""  y® 
Contempt  hearof  at  you'  perrell  &  this  is  thayer  Ordar 
giuen  vndar  hand  this  21"'  of  June  1665 

ffran  :  Chomparnone 
Henry  Joreslin 
Comisiony  : 
To  Henry  Saiward 
Constable  of  Yorke 
Alice  Gorgiana  or  his 
Del)pnty 

To  his  nuich  Respected 
liind  M'  Thomas  Danford 
theas  pre>?ent 


206  DOCinSIENTARY   HISTORY 

Commissioners  for   settling   of  the   Eastern  parts. 

The  Deput^^es  haue  nominated  &  doe  hereby  desire  that 
o''  Hono^''  magis**  ]M''  Thomas  Danforth  majo''  Eliazur  Lusher 
&  majo''  Gen'^  Leverett  may  be  empowred  by  Comission 
according  to  former  vote  for  settling  of  the  easterne  pts 
Craueing  the  Concurrance  of  o^'  Hono''^  magis'*  herein 
3" :  6  :  16(35  William  Torrey  cleric. 

The  magistrates  consent  herevnto  provided  that  the  words 
[according  to  former  vote]  l^e  left  out  &  doeth  order  that  a 
full  &  Ample  Comission  for  the  ends  aforesaid  be  forthwith 
drawne//  their  brethren  the  Deputyes  hereto  Consenting 

4  Auijust.  1665  Edw.  Rawson  Secret 

Consented  to  by  the  Dep*^ 

William  Torrey  Cleric. 


Mittimus 

John  Parkur  his  Mag*^  Goiell  att  Yorke 
Wee  haue  hearwitall  sent  yo'""  Peter  AVeare  whom  in  his 
May'^  name  wee  doe  command  yo"  safly  to  kep  in  you"" 
Custedy  &  safly  Indurans  vntell  thens  he  be  Deliuered  by 
y®  lawfull  Athorrity  settelled  in  this  prouince  wharof  faille 
yo"  not  att  you''  pelt  giuen  vndur  our  hands  Aprell :  17,  1667 

Edward  Rushworth 
fFrancis  Champurnone 
A  Coppy  of  my  Cuni't 


OF    THE    STATE    OF    MAIXE.  207 

Letter  from  JSfic:    Shapleigh 

Kittrey  the  14*''  of  Mail  1007. 

Honoured  in  the  Lord 

"Whereas  I  haue  Receiued  a  pattent  from  the  hands  of 
Collouell  Richard  Xicolls  appertaineing  to  the  heires  of  Cap' 
Jn°  jMason  Deceased  with  what  therein  is  Contayned  Au- 
thenticated vnder  the  hand  and  Scale  of  ffrederick  Ixen 
Sole  Xotary  and  Tabellion  publick  to  &  for  o*"  King  and 
although  power  of  Gouernment  be  therein  granted  yet  will 
not  presume  to  meddle  therewith,  but  onely  in  point  of 
right  to  the  Lands  therein  Menconed  w'='''  I  thought  meete  to 
acquaint  you  with  as  I  haue  the  Neighbouring  Townes  within 
the  Liramitts  of  the  s'^  pattent  and  should  haue  Signified 
the  Same  vnto  this  Court  erre  this  time  had  there  beene 
such  an  oppertunity  as  now,  not  doubting  but  you  will  doe 
right  herein  as  formerly  to  others  in  like  Case  that  the  Lands 
ma}'  not  l)e  disposed  of  at  the  will  and  pleasure  of  others 
without  the  prolwcon  of  the  proprietor  or  his  agents  w'='' 
pattent  and  power  sent  mee  was  shewen  to  Cap'  Walden 
and  shalbee  Exhibited  to  the  view  of  any  person  or  persons 
that  you  shall  appoint  to  perruse  the  same  a  Coppie  of  w*^"^ 
pattent  is  now  Extant  in  the  hands  of  yo''  Secrettary  w'^''  I 
hope  may  Suffice  yo"  for  present  all  w*"''  desire  you  will 
acsept  of  in  loue  though  in  plainenesse  and  Retourne  in 
answer  that  w'^''  in  yo""  wisdom  shall  Judge  Requisite  to 

Yo""  neighl)our  &  flricnd 

Nic :  Shapleigh 


Deed,    Richard    Vines   to    Thomas    Withers. 

Tms  Dkf:!)  Madk  The  Twenty  day  of  March  1644 
Botwecne  Richard  Vines  Stuard  Generall  for  S'  trerdinando 
Gorges  in  the  I'rovyncc  of  Maync  on  the  one  party  And 


208  DOCUMENT AKY   HISTORY 

Thomas  Withers  of  Piscaton  the  other  party  WITNESSETH 
Know  ye  therefore  that  I  Richard  Vines  stuard  generall 
afores'^  Have  bargayned  and  sold  unto  Thomas  Withers  for 
and  in  consideration  of  tenne  pounds  starling  all  ready  paid 
unto  me  Richard  Vines  by  the  said  Thomas  Withers  and 
other  good  consideracons  me  hereunto  especially  moveing  a 
certayne  Tract  of  Vpland  and  meadow  contayneing  Six 
hundred  acres  lyeing  and  being  att  the  head  of  Spruce  Crick 
att  the  Marsh  where  the  said  Thomas  Withers  have  formerly 
beene  possest  of  l)y  m""  Thomas  Gorges  and  made  use  of 
bounded  with  two  other  Cricks  one  on  the  Easter  side  and 
the  other  on  the  Wester  side  untill  the  said  Six  hundred 
acres  bee  accomplished  with  all  the  tymber  and  priviledges 
which  belongeth  thereunto  for  the  onely  use  of  hee  the  said 
Thomas  Withers  his  Heires  Exec''s  adms  and  Assignes  for 
ever  YEELDING  and  paying  yearely  unto  S''  iferdinando 
Gorges  or  his  Assignes  live  groats  a  yeare  if  demanded  on 
the  Twenty  Nineth  day  of  September  And  furthermore  I 
the  said  Richard  Vines  stuard  generall  for  S""  fferdinando 
Gorges  doe  ratify  and  coniirme  all  the  said  p'^misses  unto 
the  onely  use  and  behoofe  of  he  the  said  Thomas  Withers 
his  Heires  and  Assignes  for  ever  In  Witness  whereof  I  have 
hereunto  sett  my  hand  and  scale  the  day  and  yeare  above 
written . 

Rich  Vines  (his  seal) 

Sealed  signed  and  delivered 
in  the  p'"sence  of  us 

William  Waldron 

the  mark  of 
Alexander  Jones 

Vera  Copia  of  this  Instrument  above  written 
entred  in  the  Records  of  the  Provynce  of 
Mayne  this  7"^  June  166G 

P  Edw  Rishworth  Re  :  Cor: 


OF  THE  STATE  OF  MAINE.  209 

"^"■118  some  scruple  seeraeth  (amongst  some  to 
arise)  about  the  validit}'-  of  this  Graut  w^^iu 
written  made  by  m""  Richard  Vines  unto 
Thomas  Withers  upon  what  former  experience 
we  have  had  of  M""  Vines  his  hand  and  his 
usuall  manner  of  makeing  Grants  doe  conceive 
and  adjudge  this  Instrument  within  written  to 
be  a  good  sufficient  grant  signed  and  given  by 
M^  Richd  Vines  unto  Thomas  Withers.  Wit- 
nessed by  o""  hands  June  1667 

This  Deede  I  doe  approve  of  to  be  the  Act 

and  Deede  of  M""   R'''*  Vines  Witnes  my 

hand 

July  13'^  1667  Henry  Jocelyn 

Edward  Johnson 

Deposition 

The  Deposicon  of  Alexander  Jones  Saith  that  this  Deede 
of  W  Richard  Vines  that  he  made  to  Thomas  Withers  for 
his  land  in  the  Spruce  Crick  that  William  Waldron  and  this 
Depon'  were  Witnesses  unto  was  made  att  M"  Linns  where 
she  now  dwells  and  that  the  bounds  on  the  Easter  side  of 
the  Crick  did  begin  at  the  Easter  Crick  att  a  nee  of  land 
called  Pine  point  and  soe  on  the  Wester  side  of  the  crick  it 
boginneth  at  the  AVester  crick  that  goeth  in  West  at  Eagle 
point  marsh  and  soc  upp  along  the  Crick  as  the  Deede  doth 
expresse  and  sworiie  by  the  scl  Jones  before  us. 
Att  a  Court  held  at  York  Ilonry  Jocelyn  Justice  Peace 

St-ryc  4ti.  if5,^7  Edward  Johnson  Comission'" 


14 


210  DOCUMEXTART   HISTOEY 

Letter  to    Capt  WaUvon.    April   24.    1668. 

Cap'  Waklorin  :  nftar  ou''  Respects  preseutd  yo"  accquaint- 
ing  yo"  that  ou''  Earnest  request  &  Dasiar  are  that  with  as 
much  sped  may  ba  yo''  ould  dsliuer  this  Inclosed  lettar  vnto 
ou""  good  frend  iNP  Thomas  Danford  wharin  att  present  wee 
are  so  mucli  consr*^  in  the  Istatt  &  Condision  of  ou''  Naibouer, 
Peter  Weare  which  now  Remaine  A  prisinar  Cumited  by 
this  preilt  Athorrity  beinge  by  sum  means  discouered  to 
haue  A  lettar  fownd  about  him.)  neare  to  the  same  form  to 
that  lettar  Inclosed  hearin  &  what  his  suftarings  may  be 
haue  caues  to  feare  may  be  gratt  if  not  sum  spedy  relef 
Doth  Apeare  hopinge  yo''  will  not  be  vnmindful  of  vs  which 
wee  haue  caues  to  feare  that  grat  Trul)belle3  are  hastening 
vpon  vs  if  y^  Lord  danie  vs  of  his  helping  hand  y^  lettar 
aboue  mentioned  seauerall  Inhabitans  hands  assined  tharunto 
farthur  yearnastly  requestinge  yo"  w^hen  Our  Cease  is  in  Agi- 
tation in  y**  Jennarall  Court  att  Boston  yo"  ould  pleas  to 
farthur  y^  taking  of  vs  vndur  you""  Athorrity  &  wee  shall  be 
Inneoraored  to 


■^c   o 


Remaine  you""^  in  all 
Yorke  :  24  of  Aprell  Due  Respects 

Q^  Peter  Weare 

Aathur  Bragdon  Tho  Moulton 

June  Henry  Say  word 

Nathanell  Masterson 


Theas  ffor  Cap*  Richerd 
"\V  alder  in  dd 

Hearin  is  Inclosed  y®  warant 
by  which  Peter  Waer  wase 
aprahended  :  &  also  his 
Cumitment  to  prizou 


or  THE  STATE  OF  MAIXE.  211 

Warrant. 
To  the  miirshall  of  y*'  prouince"  of  Maine  or  his  Debuty/ 

In  y*  name  of  his  Mag*'  &  vnder  his  Immediat  Athorrity 
yo"  are  Commanded  forth  with  to  aprehend  y®  Bodyes  of 
Peter  Weare  &  Cap*  ffrancis  Raines  &  them  safly  to  saquare 
with  all  shuch  papares  &  wrightings  as  yo"  shall  find  about 
them  &  take  them  into  you""  present  Custedy  &  bring  them 
before  vs  to  answear  to  thayr  vement  suspision  of  priui® 
Saddision  Indeuering  to  vndarmine  y*^  Kinges  Immediat 
Athurrity  heare  setteled  whethar  by  petision  or  anny  othar 
vudorect  meanes  Contrary  to  the  lawe  of  his  Mag*  heare 
esta])lished  Wherrof  faile  yo"  not  to  make  a  tru  returne  att 
yom-  perell  giucn  vndar  my  hand  this  15  of  Aprell  1668 
yo"  are  to  requiar  suffisient  Edward  Rush  worth 

aid  for  y""  exsiquition  of  this  ffrancis  Champarnone 

warrant/ 

/A  copy  of  y^  warant 
/    I  was  aprehended  by 


Le/ter   to    Caj>t.     Waldron,    April   24.    1668. 

Cip*  Waldarin  Atar  my  respects  pestS  to  yo"  theas 
are  to  acquaint  yo"  that  att  this  present  I  am  Constrained  to 
make  bowld  to  request  yo"  to  dooe  me  what  kindnes  yo" 
Can  to  proquar  my  fredon  as  I  now  remaine  A  prizonar : 
The  matar  which  I  wasc  Commitcd  for  being  A  lettar  which 
y  M;ii'.-,Ii;ili  &  Cap'  John  Davis  vsed  n)e  verry  vnseuell  & 
tocko  a  way  hom  !nc  w'^h  lettar  was  assined  w'h  scuerall  of 
y'  Inhal)itans  htind.s  manfcsting  ou""  great  dassiar  to  be  tacken 
vndar  y"  gouermont  of  y"  Messatuties  w*h  sum  rcsones 
expresed  tharin  by  a  lettar  framed  to  y*'    hon'"  &  ou""  well 


'*; 


212  DOCUIVIENTAEY   HISTORY 

beloued  frind  M""  Thomas  Danford  whom  wee  did  desiar 
tharin  to  accquaint  y^  s'^  Court  with  ou''  Dasiares  hauing 
since  that  lettar  wase  taken  from  me  sum  of  y^  Inhabitanc 
hath  preualed  w'h  me  to  drawe  vp  anothar  lettar  w*h  y*"  sub- 
stans  of  y®  farst  which  hath  bin  performed  &  now  wee  haue 
sent  it  to  yo"  which  I  request  yo"^  to  daikier  vnto  y'^  Ho"^  M"" 
Thomas  Danford  as  also  a  petision  in  brif  w''''  I  should  haue 
more  fully  Amplified  had  time  &  place  bin  farthar  presented, 
&  hauinge  nott  anny  Meanes  att  present  to  yo"^  for  y^  fre 
passag  of  y^  petision  Intreating  yo"^  to  disburst  &  shall 
thinke  my  self  much  Inneaged  to  yo"  &  shall  sattisfy  to  you"" 
Content. 

Wee  should  haue  had  mainy  more  hands  to  y®  lettar  but 
are  Constrained  to  haston  away  as  also  much  more  I  had 
to  say  Consderinge  the  vnhuman  Ingary  wase  shewed 
me  aftar  I  wase  a  prisszar  &  now  I  am  put  vpon  y*  wh  I  haue 
wrighten  to  run  thorrow  not  so  dalibarat  as  I  could  haue 
deiseured. 

Dasiuringe  if  it  may  be  y®  will  of  y*^  Lord  it  may  proue 
suksasiue  to  y®  honouer  of  god  &  the  good  A  pore  peopell. 
att  present  I  take  leaue  Remaining  you""* 

In  all  du  Respects 
Aprell :  24*^  Peter  Weare 

68 


Honnored  &  much  Respected  friend  M""  Danford  The  Con- 
sitheration  of  our  gsent  Estate  :  in  poynt  of  Gouerment 
Wee  thought  it  conuenient  to  aquaint  yo"'  worship  with  our 
psent  State  in  poynt  of  goverment :  according  to  our  Judg- 
ment how  it  is  with  us  at  psent  that  theare  of  if  y""  worship 
shall  think  it  meete  to  Aquaint  those  we  conseve  are  con- 
serned  In  it/  As  for  the  Inhabytants  of  our  town.  The 
most  part  of  them  with  many  of  the  other  townes  stands 
well  aficted  to  the  gouerment  of  the  masatuses  they  much 


OF  THE  STATE  OF  MAINE.  213 

Desire  to  see  y*  autlioiyty  Exersised  ouer  them  :  for  it  can- 
not be  thought  nessesary  &  conuenient  for  such  a  smal 
people  in  number  and  so  much  unable  in  their  abillities  to  be 
Exclouded  from  the  Bennefitt  &  help  of  those  which  must 
be  helpfull  unto  us  :  the  Exsperience  whareof  wee  cannot 
for  gett  thow  sum  of  our  people  haue  unaduisedly  beene 
instruments  to  Depriue  of  that  great  beonifitt  wee  formerly 
injoyd  thereb}^  further  consithered  of  what  Euell  consi- 
queuce  :  Ave  are  Exsposed  unto  :  in  that  such  persons  which 
haue  beene  transgressors  under  your  Authorytie :  make 
these  parts  a  place  for  their  shelter  And  att  gsent  sum 
of  us  haue  great  sospistion  sum  of  them  are  Taken  into 
counsell  with  sum  in  Athority  w''^  we  haue  cause  to  fere  will 
proue  to  our  great  Discorragement :  what  further  euels  And 
growing  miscarrages  Doe  apere :  from  whence  we  cannot 
but  Expect  sum  sad  Effects  will  Hasten  upon  them  if  God 
by  his  prouidence  Doth  not  timly  preuent/  Therefore  att 
psent  our  humble  request  is  to  y"^  worship  y*  you  would  be 
pleased  to  aquaint  the  generall  court  of  these  our  Desires 
•which  we  hoope  will  soe  much  Tend  to  the  honor  of  god. 
And  the  good  of  the  inhabitance  of  Yorke  that  sume  Efec- 
tuall  course  may  be  taken  with  such  which  are  indeuering  to 
Strenghten  them  selues  by  a  petishtion  soe  att  gsent  ou"" 
Iiigaged  Respects  gsented  to  your  worship  Desireing  we 
May  l)e  Exscused  for  this  our  bouldnesse  take  our  Leaues  : 
Remaining  yours  in  all  Due  And  unfained  respects. 


After  y®  s*^  Weare  had  bin  In  y"  Gooill  his  Kepur  of  y' 
priz/on  A  Companed  him  to  y"  houes  of  Cap*^  John  Dauis 
wliare  the  s''  prisinore'  hores  stod  whilles  he  waso  Comited 
&  y*  s''  Weare  went  now  to  dispose  of  &  also  y"  marshall 
remained  of  which  y"  s'^  prisnor  dasiared  A  Coppy  of  y" 
AVarrant  he  wasc  aprehended  by  &  when  Weare  y"  s** 
))risiner  Ceain  in  to  the  houes  Cap'  John  Dauis  began  to 
quarcll    w^''    y*  s''    Weare    a   [)risoner    vsing    very   vnseuel 


214  DOCUMENT AKY  HISTOEY 

Words  &  prbbrowes  Langwig  Calling  him  Base  knaue  & 
cripell  Cur  &  v,-^^  a  viulent  punch  w"'  his  fist  threu  him 
viallently  vpon  y*  ground  littell  short  of  y''  fiare. 


Letter.  —  Peter  Weare  &  others  to  Capt.  Waldron 

Much 

Eespected  frind  Cap*  "Wuldarin  hauing  still  a  continnewed 
trubell  vppon  me  by  this  Athorrity  prossiquiting  thayer 
Dasine  by  vsiiig  meanes  to  Doe  me  lugur}' ;  I  whch 
obtained  fkuouer  of  my  kepar  to  gooe  to  my  hom  to  locke 
vnto  my  nessesary  accetiones  in  respeckt  of  the  seson  wase 
this  day  Dasiared  by  my  Kepar  to  goo  to  sum  Justisis  w'^'' 
ware  att  M""  Rushworths  howes  my  answare  wase  that  if 
thay  plase  to  com  to  the  Mettinge  howes  I  ould  com  thare 
&  make  my  Apearans.  being  y^  publicke  place  whare  courts 
ware  vssialy  kept,  my  s''  keper  daliuered  y^  messag,  vpon 
the  returne  y*  Marshall,  with  his  Aid  came  to  me  &  com- 
manded me  forth  with  to  gooe  to  y*  s'^  Rushworths  howes  or 
othawais  thay  must  carry  me  to  Frisson  whethar  I  wase  by 
voyallens  hold,  many  peopell :  lockinge  tharon  &  ould  fors- 
sably  resqued  me  out  of  thayer  hands  but  I  turning  a  sid 
Earnestly  Intreated  that  the  peopell  ould  lett  me  allon  in 
thayr  hands  dasiaring  that  they  ould  take  notise  of  that 
vnhiiiS"  yousag  wase  shewed  to  me  &  att  last  casting  me 
into  the  prisson  whar  I  found  nothing  but  y^  flore  to  ly  vpon 
that  I  say  Justly  insted  of  any  fauiower  thay  shew  nothing 
but  Crewilty ;  hauinge  bin  lame  this  many  yeares  as  also 
what  furthar  sufFaringes  I  shall  sustaine  by  them  y*-'  Lord 
only  knowes  &  now  att  present  my  request  is  w**'  thoes 
whoes  names  ar  heare  subscribed  to  yo""  that  yo"^  ould  be 
plesed  to  acquaint  the  Honowred  Jennarall  Court  of  theas 
our  Continnewed  trubeles  &  sufferges  which  are  continnewed 
ouer  vs  which  wee  hope  will  take  ou'  sad  Condission   into 


OF  THE  STATE  OF  MAINE.  215 

Searrioues  Considaration  &  with  as  much  sped  as  may  be 
wee  may  ohtaine  relit"  so  att  present  with  ou''  Inieaged 
respeckts  presented  wee  take  leaue  : 

Remaning  :  You'''  in  all  due  respeckts 
Eowland  R  Younges  Peter  Weare 

Henry  Sayword 
[Superscribed]  Arthur  Bragdon  June 

To  his  much  Istemed  Eanmell  Bragdon 

frind  Cap^  Richard,  Nicholas  ffrost 

Waldarin  thease,  Dodauah  hall 

present  Joseph  Hamond 

In  Boston  or  alee  Tho  Moulton 

wheare 


Warrant 

To  the  ^Marshall  of  y*  Prouince  of  Maine  or  his  Debputy 

In  his  Mag'**  name  you  are  required  to  repaiare  to  John 
Parker  his  Mag'*  Goili  &  if  Peter  AVeare  whoe  is  his  lawfuU 
prisnar  refues  to  make  his  i)arsonall  appearans  before  vs  att 
the  howes  of  Edward  Rushvvorth  forthwith  vpon  his  the  s'' 
Weares  Deniall  tharof  yo"  are  required  to  see  him  safly 
sacured  in  the  Goili  whaiof  faille  yo"  not  att  you''perell  ]\Iay  : 
6:  08 

yo"  are  required  to  take  suffisient  aid  for  the  exeqution  of 
this  w  a  rant 

Edward  Rushworth 
fFrancis  Cham})ani()ne 
(IVancis  llockc.  Just 

A  Tru  Coppy  of  y"  Last 
warant  l)y  which  y"  s''  Weare 
wase  Lnprizoiicd 


216  DOCUMENTARY   HISTORY 

Petition  of  Inhabitants  of  Cape  Porpus  April  28.  1668. 

To  the  Honore'^  Jennarall  Courtt  Sittinge  in  Boston  in  y' 
Meiatuties  CuUanny  in  New  Ingland/ 

The  humbell  petision  of  y*  Inhabitance  of  Ceap  Porpes  in 
y"  County  of  Yorke  sheare  sheweth 

That  wheras  you'  petisinores  haueing  Lined  by  the  proui- 
dens  of  god  seauerall  yeares  vndar  your  Athorrity  wharby 
your  pettisinores  Injoyed  many  grat  benifttes  tharby.  But 
of  latte  yeares  sum  which  may  be  Justly  suspekted  stod  not 
well  affected  to  your  Athorrity  presented  A  pettision  to  y^ 
Inhabs  for  y'  managing  tharof  Manny  of  vs  well  know  wase 
by  the  hand  of  on  w"^''  gratt  part  of  y^  peopell  stod  well 
affected  vnto  formerly  who  proued  sutabell  att  that  time  to 
carry  on  that  Dasine.  Butt  not  longe  aftar  thoes  which 
assined  that  petision,  began  to  see  part  of  y®  yefects  that 
they  had  brought  vpon  them  selues  &  Othares  which  did  not 
assine  y*  pettision  by  thayer  vnaduised  Ackt,  but  in  sum 
putt  hopes  that  according  as  his  May''  Commisinores  did 
acquaint  sum  of  vs  that  doutles  his  May*'  ould  son  putt  ail 
Issew  to  y^  Mattar  wharby  in  a  uerry  short  time  y^  gouer- 
ment  ould  be  settled,  words  to  that  purpas  :  But  in  Consid- 
ar"  of  y*  Lenkth  of  time  past  &  nothing  hath  apeared  to 
you'  petisinores  wharbj^  wee  are  much  parswaded  that  his 
May*'  wase  neuer  acquainted  in  what  Condic"  theas  partes 
ware  leaft  in.  And  att  present  parsauinge  sum  parsones  verry 
Actiue  in  y*  managing  of  an  othar  pettision  fearinge  tharby 
wee  may  be  drue  into  farthar  euelles  which  wee  being  a  weke 
peopell  are  subject  tharunto  for  y*  preuention  tharof  Ouer 
Humbell  request  &  dasiueres  are  to  this  Honored  Court  that 
wee  may  be  taken  vndur  you"^  winge  of  protexion  &  gouer- 
ment  for  y'  preventing  vs  from  falling  in  to  dauision 
A  monges  our  selues  which  your  petisinores  haue  Caues  to 
feare  is  hastening  vpon  vs  if  god   by  his  prouidens  doth  not 


OF    THE    STATE    OF    MAINE.  217 

timly  preuent  &  you^  petisinores  shall  in  bond  &  dut,  pray 
for  yu/ 

Cap  porpes  aprell  28.  1668 
his 


Grefieng      /i        mounticu 

marck 
John  puriutou 
Nichls  cole 
Richard  moore 

his 
Richard  —  brian 

marck 

Edmond  ^(^ 

his  mark 

his 

Simon  r\trote 
mark 

l)    *      /■"'^Stephen  Batson 
his  mark 
thomas  'T'wan'',  Thomas  Warner, 
his  mark 

his 

Samell    j^    r%  Scarlet 

mark 
his 
John  f^  Cole 

mark 
Jolm  VA>\\\ 

peterM    tiirlmt 

his  mark 
William  Ronolld  sin 
William  UonoUs 
John  Gooch 


218  DOCUMENTARY    HISTORY 

Petition   of  the  Town  of  Wells  Ajjril  30.  1668. 

To  the  Honoured  the  senerall  court  Now  assembled  in 
Boston  In  new  engkmd  : 

The   Humble    petition    of  the    Towne    of  Wells   In    the 
County  of  Yorke  Most  Humbly  sheweth 

that  w'as  yo'  humble  petisionars  hauing  Liued  by  the  good 
prouidence  of  God  seauerell  yeares  vndr  yo'  Authoritye  and 
gouerm^  where  by  yo''  petitionars    Injoyed  many  great  ben- 
ifits  but   now  are   deprived  of  those  p''uiledges  :    by  some 
amongst  vs  who  haue  doubtles  :    ben  ill  affected  to    yo'  gou- 
erm"  yo'  Honours  may  Justly  blame  yo'  petisionars  in  re- 
uolting  &  turnino;  from  our   former  obedience  but  we  must 
in   sora  measure  make  known   the   cause  of  It :  m''  Edw  : 
Rishworth  and  some  other  p'sented  a  petision  to  the  Inhabi- 
tanc  of  this  Co'unty  :    who  l)eing  well  afiected  with  s''  Rish- 
worth and  confiding  much  in  him  was  so  farr  deluded  by 
him   and  som   other  that   hee  gott  seauerell  hands   to   the 
petision  :    which  petision   was  to  be  vndr  his  majes*^^  Imadiet 
p'tecktion  but   not   long   after   those   which    assigned    that 
petision  was  senceble  of  theire  owne  euill  y'in  &  saw  part  of 
y'  sad  affects  which   thay   had  brought  vpo  themselues  and 
others  which  did  not  assigne  to  the  &'^  petio  his  majesties 
Comissionars  did  also  acquaint  some  of  vs  that  doubtles  his 
Majestye  would  soone  put  an  Issue  to  the  matter  whereby 
in  a  very  short  time  the  Gouerment  would  be  setled  :  but  in 
consideration  of  y^  length  of  time  past  and    nothing   hath 
apeared  to  yo""  petisionars  whereby  we  are  much  parswaded 
that  his  majesty  was  Neuer  acquainted  in  what  Condition 
wee  in  this  county e  ware  left  in  :  and  Now  at  p'sent  some 
p^'sons  amongst  us  very  actiue  in  the  manigeing  of  another 
petition  fearing  thcrby  we  may  be  drew  into  further  euills  : 
for  the  prevension  Thereof  our  Humble  request  and  desires 
are  to  this  Honoured  Court  that  care  may  be  taken  vnder 


OF  THE  STATE  OF  MAINE. 


219 


yo""  Tuition  and  goueriutt :  that  so  yo"^  Honourable  care  of 
Justice  may  be  exercised  amongst  vs  as  formerly  :  for  the 
preuenting  of  us  from  falling  Into  disorder  &  deuissions 
amongst  ourselues  which  yo''  petisionars  haue  great  cause  to 
feare  will  vnauoydably  con]  vpon  us  If  God  by  his  proui- 
dence  doth  not  preuent :  So  craning  pardon  for  our  bold 
excess  3^0'  poore  petisionars  shall  in  bonds  of  duty  pray  for 
you  Where  vnto  yo'  petisionars  haue  Set  y'  hands  this  30'*^ 
Aprell  ir)68 


Ez>3kiell  Knights 
Will  Hamonds 
ffr  Littletild  Se 
thomas  litltild 
Peter  Claiff 
AVill  aishlee 
John  barret 
thomas  paty 
Joseph  Crosse 
Jacob  Wormwod 


Samwell  Austin 
John  Littelfeild 
John  Gooch 
John  AVells 
James  Gooch. 
Jonathan  Hamonds 
John  Chn'es 
William  Hobbs 
AVillyam  Jonson 
Ezekiell  Knights  junio' 
John  Trot 
flrances  Littelfeild  junio'' 


Commissioners  to  settle  the   Government  of  Maine. 

This  Court  considering  their  right  by  Patent  vnto  the 
Government  of  Yorkshire  (l)y  some  called  the  Province  of 
Mayne)  which  hath  l)een  Interrupted  of  late  by  the  subtilty 
&  vnfaithf"uln(!S  of  some  pe'sons  among  them  vpon  a  pre- 
tence of  an  Imediatc  subjection  to  his  Maj'-''"'  autliority 
which  halh  not  yet  ajjjx'arcd  fo  us  to  Ix'  (hidy  (h'icu'aled 
vntd  any    but    (nirselues,    and    also    vnderstauding    by    the 


220  DOCUMENTARY   HISTORY 

petitions  of  sundry  of  the  Inhabitants  of  that  County  their 
Sad  condition  in  point  of  Government  &  their  earnest  desire 
to  returne  vnto  their  due  obedience  vnto  his  maj'^'s  authori- 
ty established  by  our  charter: 

The  Consideration  of  the  premisses  liath  mooued  this 
Court  to  authorize  Appomt  &  Impower  majo'  Generall  Jn'' 
Leueret  &  Edward  Tyng  fesq"^  Cap*  Richard  Walderne  & 
Cap*  Robert  Pike  as  our  Comissioners  to  repaire  to  tliat 
County  and  Call  a  Court  there  &  setle  the  Government 
thereof  in  the  same  order  &  vpon  the  same  principles  & 
termes  as  it  is  established  by  lawe  in  other  Counties  w'*"  in 
this  Jurisdiction  &  what  expences  the  said  Commissioners 
shall  be  at  in  this  seruice  for  the  present  it  shallbe  disbursed 
by  the  Country  Treasurer,  but  afterwards  as  soone  as  may 
be  reimbursed  by  that  County,  in  such  a  way,  as  the  said 
Comissioners  shall  order  &  appoint 

The   magis*s  haue  past  this  their  brethren    the  deputies 
hereto  Consenting 
12  May  1668.  Edw.  Rawson  Secre* 

The  Deputyes  Consent  hereto  &  Desire  o''  Hono^*^  magis- 
trates would  be  pleased  to  nominate  meete  psons  for  this 
service.  William  Torrey  Cleric. 

The  magis*s  haue  Appointed  Thomas  Danforth  &  majo' 
Generall  Jn°  Leueret  Esq'^  w*"^  such  as  their  brethren  the 
deputies  shall  Appoint  among  themselues  :  their  brethren 
the  deputies  hereto  Consenting. 

Edw.  Rawson  Secret 

The  Depu*'  haue  nominated  Cap*  Rich  :  Waldren  &  Capt. 
Rob*  Pike  to  be  the  psons  to  Joyne  in  this  Comiss'^ 

William  Torrey  cleric. 


OF    THE    STATE    OF    MAINE.  221 

The  Magis*s  on  their  reasuming  of  w*  is  aboue  past  the 
magis^s  haue  past  the  suspension  thereof  till  the  next  session 
of  this  Court  their  brethren  the  deputies  hereto  Consenting. 
15''^  May  1668  Edw  :  Rawson  Secret 

The  Deputyes  Consent  not  hereto 

William  Torrey  Cleric. 

The  Deputyes  haue  nominate  &  appointed  Cap'  Edw  : 
Johnson  &  Capt.  William  Davis  to  Joyne  with  some  of  o'' 
former  magists  to  be  Chosen  to  draw  vp  Comissions  &  In- 
structions for  the  gentlemen  aboue  mentioned,  with  refer- 
ence to  the  Consent  of  o''  Hon*"''  mags's  hereto 

William  Torrey  cleric. 
The  magis'^  Consent  not  hereto 

Edw.  Rawson  Secret 

Fahnoth   mens  aphjcatio  to  if  massachusets   Comis^^  1668 
May  it  please  this  Honord  Court/ 

To  vnderstand  by  these  Th  vpon  y^  14*'>  of  Juli  (58)  itt 
pleas'*  y*  honord  Coiiiissioners  of  his  Majesties  Collonie  of 
y*  Massatusetts,  to  receiue  y*  Inhabitants  of  y^  Townes  of 
ifalmouth  &  Scarborrow  into  theire  gouerment,  and  were 
then  pleased  to  grant  vnto  y''  aforementioned  townes  Certaine 
Articles  the  first  whereof  is  as  folio weth./ 

That  in  case  by  an  Immediate  power  from  y"  Supremacie 
of  wee  are  Comandod  &  after  address  to  y'  Same  Suprem- 
acie by  y*  Massatusetts  Authoritie  itt  be  defined  as  proper  to 
any  other  Regulations  this  obligation  may  be  Nuld  you  pro- 
tecting vs  viitill  y"  determination  thereof./ 

Alt  which  time  Certaine  of  vs  tooke  y'  oath  of  freemen 
and  Soe  wee  Continud  certaine  ycares  vndcr  y'  govermcnt  to 


222  DOCUMEXTARY   HISTORY 

our  great  contentment,  butt  it  hath  pleased  y^  Lord  that  of 
Late  yeares  wee  haue  had  Several!  Changes  nott  without  some 
contentions  &  distractions,  yett  nott  with  standing  y^  Seu- 
erall  Temptations  in  these  late  changes  itt  hath  pleased  y^ 
Lord  through  mercie  to  giue  vs  grace  to  be  mind  full  of  y^ 
oath  wee  took  (in  y*  Name  of  y*  Ever  Liueing  god)  &  y® 
Covenant  we  made  with  you,  Soe  y'  wee  haue  chosen  in 
these  latte  changes  rather  passiuelj^  to  suffer  then  willinglie 
to  act  further  then  constraint  &  necessitie  enforced  vs  :  be- 
cause we  could  nott  vnderstand  y^  gouerment  was  determined 
by  our  Soueraing  Lord  y^  king  as  proper  to  any  other  reg- 
ulation, who  was  plasd  gratiousli/  not  Long  since  to  send 
to  vs  in  these  parts  Comanding  our  submission  to  M'  Gorges 
ffouerment  or  else  forthwith  to  shew  our  reasons  butt  before 
we  had  time  of  consideration  therein  itt  pleasd  his  Majesties 
honord  Comissioners  to  forbid  any  actings  either  in  M"" 
Gorges  gouerment  or  y*  Massatusetts,  w"^''  w^as  as  we  con- 
ceiue  by  reason  of  som  of  our  Western  Neighbours  peti- 
tioning to  them,  there  were  two  more  petitions  brought  to 
our  Towne,  Init  wee  haueing  noe  cause  to  complaine  against 
]\r  Gorges  or  his  goverment  We  haueing  had  noe  triall  of 
y^  one  or  the  other,  Nor  against  y^  Massatusetts  gouerment 
wee  were  then  vnder  wee  haueing  experimentallie  found  our 
soueraiuge  Lord  y*"  Kings  ^vord  verified  concerning  them, 
That  as  they  haue  exceeded  others  in  pietie  &  sobrietie  soe 
god  hath  blessed  them  aboue  others ;  wee  did  therefore  con- 
ceiue  it  our  dutie  rather  to  attend  vpon  our  gratious  Kings 
Comand  b}-^  rendring  our  reasons  of  our  Non  Submission  to 
M'  Gorges  gouerment,  then  to  busie  our  selues  in  petition- 
ino"  against  them  from  whom  wee  never  received  ouo;ht  butt 
good  as  wee  know  of,  Som  of  w°'^  reasons  were  first  our 
engagments  to  y^  Massatusetts  Authoritie  till  otherwise 
determined  by  his  Majestic  as  proper  to  any  other  regula- 
tion. 


OF    THE    STATE    OF    MAINE. 


223 


2'-^  His  honoaral)le  Comissioners  forbiding  vs  in  his  Name 
to  Act  therein  ;  Since  w='^  time  we  haue  heard  nothing  from 
his  Majestic  or  M'  Gorge  as  to  j'  determination  of  y'  gou- 
erment,  We  Likewise  Vnderstand  that  y^  Massatusetts 
Authoritie  haue  rendred  there  reasons  of  nott  resigning  y« 
gouerment  vnto  M'  Gorges  Comissioners,  butt  doe  nott 
vnderstand  they  haue  receiuod  any  Answer  therein,  Soe  y' 
as  wee  humbly  conceiue  y^  according  to  y^  aforewritten 
Article  you  stand  still  engaged  to  vs  &  wee  to  you  accord- 
ing to  our  severall  concernments 

The  Inhabitants  of  this  towne  therefore  soe  soone  as  M' 
Mastersbn  the  Countie  Marshall  cam  this  way  did  freely  & 
willingly  obey  y'  Comands  by  him  sent  to  vs  nott  being  any 
wa}^  as  we  know  of  Disingaged  from  y^  Authoritie  by  any 
determauative  Comand  from  our  Soueraing  Lord  y*  King  or 
willing  act  of  our  owne,  and  did  according  to  y'  Comands 
call  a  Town  meeting  of  freemen  &  Inhabitants  of  this 
Town  and  did  giue  our  votes  (for  associatts  for  y*  Countie, 
for  Comissioners  for  y^  Towns,  for  Constable,  for  grand  & 
pettie  Jurie  men  (who  are  y*  bearers  hearof )  att  w''"'  Town 
meeting  the  freemen  &  Inhabitants  desierd  me  in  theire 
Names  to  writt  to  this  honord  Court  according  to  y*  contents 
hereof  &  in  theire  Names  to  render  vnto  this  honord  Court 
liartie  thanks  for  theire  reception  of  vs  againe  into  theire 
goucrmcnt  hopeing  that  as  wee  haue  beene  soe  we  shall  still 
continue  faithful!  vnto  y*  same)  and  doe  humbli  craue  from 
this  honord  Court  as  followcth./ 

1  A  Coiitinuanc  &  Confirmation  of  our  former  Articles. 

2  That  by  reason  of  y*  paucitic  of  freemen  amongst  vs 
whereby  wee  are  disinabled  to  carry  on  the  alfaii'es  of  our 
Towne,  you  wouhl  be  pleas''  to  take  some  Course  that  som 
of  our  young  n)en  &  otlusrs  who  are  lilt  for  y"'  Cuntrles 
servic(!  may  be  made  freemen 


224 


DOCUMENTARY    HISTORY 


3  That  if  possible  it  might  be  our  Countie  Courts  may 
bee  brou2:ht  nearer  to  vs  wee  Liueins:  soe  far  distant  ther- 
from 

Thus  with  our  praiers  to  y^  god  of  heauen  to  bless  and 
direct  yow  in  y''  affaires  wee  subscrib  y^'s  to  bee  Coinanded 
according  to  oath  &  Article./ 

Written  by  y^  desier  of  y*  ffreemen 
&  inhabitants  of  flfalraouth  this  3  day 
of  Juli  1668/ 

Y'  humble  servant  to 
Comand  in  what  I  may  or  can 

ffrancis  Neale 


This  fore  written  Letter  was  written  by  y*  desier  of  y* 
ffreemen  &  Inhabitants  of  the  Towne  of  ffalmouth  and  hath 
beene  read  and  owned  as  y*  act  of  y^  Towne  by  vs  whose 
Names  are  vnder  written  townsmen  of  y^  Town  in  behalf  of 
y"  Town  as  witnes  our  hands  this  4"'  of  Juli  1668 

Phineas  Rider 

George  Lewis 

Georg  Engersoll  [ 

George  ffelt         J 


Townsmen 


OF  THE  STATE  OF  MAINE.  225 

30  May.    1665.     A   Letter  from  the    Governour  of  uSfew 

England  ivith  Affidavits  enclosed  to  S""  William  Morice 

princepall  secretaire/    Amongst  the  Papers  of  M^  Gorges 

and  31'-  Hartlihf 

"Whereas  the  Generall  Court  of  Mattachusets  in  y^  yeare 
1652./  appointed  us  whose  names  are  here  undersubscribed 
to  Lay  out  the  Northerne  Lyne  of  our  Patent,  and  now 
being  called  to  give  Testimony  of  what  wee  did  therein,  to 
this  wee  say  as  foUoweth./ 

Besydes  our  returne  in  the  Court  Book  in  page  103. 
Wee  Indented  wnth  two  Indians  well  acquainted  with  Meri- 
mack  River,  and  the  great  Lake  to  which  wee  went  borne 
and  bredd  all  their  dayes  thereupon,  the  one  named  Pontan- 
hum,  the  other  Ponbokine,  very  intelligent  as  any  in  all 
those  parts.  As  wee  conceived,  wee  covenanted,  with  them 
to  lead  us  up  Merimack  River,  soe  ftir  as  the  River  was  Mer- 
imack  River,  when  wee  come  short  of  the  Lake  about  60 
miles  there  came  two  Rivers  into  one,  one  from  the  West- 
ward of  the  North,  and  the  other  from  the  Northward  of 
the  East,  the  Westerly  River  to  mee  as  I  then  thought  was 
bigger  than  the  other.  But  takeing  notice  of  both  these 
Rivers,  and  knowing  wee  must  make  use  of  butt  one. 

I  called  the  Indians  to  inform  us  which  was  Merimack 
river,  their  answer  was,  the  river  which  was  next  unto  us, 
that  came  from  the  Easterly  point,  Which  River  wee  fol- 
lowed into  the  Lake  this  17°  May.  1665.  Witnesse  our 
hands.  Symon  Willard.  Ed  :  Johnson. 

Attested  on  Oath  before  the  Governor  and  Magistrates 
assembled  in  Generall  Court. 

As  attests     Thomas  Danforth  p  Order. 
This  is  a  true  Copy  compared  with  the  Originall,  left 
on  File  as  attests 

Edward  Rawson     Secretary. 
15 


226  DOCUMENTAEY  HISTORY 

At  a  Generall  Court  held  at  Boston  in  New  England 
18:  October.  1654. 

M""  Jonas  Clarke  and  M""  Sarauell  Andrewes  both  well 
skilled  in  the  Mathematicks,  haveing  had  the  commands  of 
Shipps  upon  severall  Voyages,  being  appointed  to  take  an 
observation  of  the  Northerly  Bounds  of  our  Pattent  upon 
the  Sea  Coasts,  made  this  Returne,  as  Followeth. 

Our  observation  taken  the  13"*    day   of   October    1653. 

The  place  of  our  last  observation,  the  Altitude  of  the 
same  was  according  to  observation,  and  our  best  Judgement 
34  Degrees  24  Minutes,  the  Declination  of  the  Sun  accord- 
ino-  to  Calculation  in  Eno:land.  11  deo^rees.  39.  Minutes,  the 
Difference  of  Longitude  betwixt  this  place  and  England  ac- 
cording to  our  best  Judgement  is  63  degrees,  which  in  tyme 
makes  four  houres,  and  one  lifth  part  of  an  houre,  Which 
adds  to  our  Declination  three  Minutes  and  forty  seconds,  all 
which  altitude  declination,  and  Meridianall  ditference  being 
added  together  doth  make.  46.  degrees.  16.  Minutes.  40 
Seconds,  which  being  substracted  from  90  degrees,  gave  us 
to  be  then  in  our  Latitude  of  43.  degrees  43.  Minutes.  20 
Seconds,  which  was  8  seconds  to  the  Northward  of  our  Lat- 
itude given,  which  wee  Measured  back  againe  upon  a  South 
Lyne,  and  there  fell  in  a  very  plaine  place,  where  were  fewe 
trees.  But  wee  marked  4  or  5  Trees,  one  of  them  marked 
with  M,  B.  and  at  the  Sea  syde  where  the  Lyne  doth  Ex- 
tend, there  Lyeth  a  Greyish  Rock  at  a  high  water  Marke 
cleft  in  the  Midle  else  y*"  shoare  being  Sand  without  Stones, 
the  Lyne  doth  runne  over  the  Norther  most  point  of  an 
Island,  as  wee  guesse  not  above  2  or  3  rodde  above  high 
water  Marke.  The  Island  is  called  the  upper  Clap  board 
Island  about  a  quarter  of  a  mile  from  the  Maine  in  Casco 
bay,  about  4.  or  5.  miles  to  the  Northward  of  M""  Macworths 
house.     Given  under  our  hands 


OF  THE  STATE  OF  MAINE.  227 

29V  October.  1653.         Jonas  Clarke.  Sam  :  Andrewes 
M""  Clarke  being  absent,  M""  Sam  :   Andrewes   upon  Oath 
testifyes  the  truth  thereof  as  followeth  : 

You  sweare  hy  the  living  God  that  the  returne  you  made 
under  yo''  hand  of  the  Observation  you  made  on  the  IS'*" 
Octob'',  on  the  Northerly  Bounds  of  our  Pattent  is  true 
according  to  the  Rules  of  Art  and  your  Best  skill  and 
Judgements. 

Taken  before  the  Magistrates  in  y"  Generall  Court 
19'"  October  1654  as  attests 

Edward  Rawson     Secretary. 
That  this  is  a  true  coppy  of  the  Returne  and  Oath  made 
thereupon,  taken  out  of  y*^  Court  Book  of  Record,  Attests 

Ed.  Rawson  Secretary. 

At  a  Generall  Court  held  at  Boston  in  New  England  19, 
Octol)er.  1652. 

.  Cap'  Symon  Willard,  and  Cap*  Edward  Johnson  a  com- 
mittee appointed  by  the  last  Generall  Court  to  procure 
Artists  to  joyne  with  them  to  find  out  the  most  Northerly 
part  of  ]Mcrimack  River,  respecting  the  Line  of  our  Pattent, 
having  procured  Serj'  John  Shernum  of  Water  Towne,  and 
Jonatlian  Ince  Student  of  Harvard  Colledge  As  Artists  to 
goe  along  with  them,  made  their  returne  of  what  they  had 
done  and  found,  \v/}. 

John  Shcrmun  and  Jonathan  Ince,  on  their  Oath  say  that 
at  Aqucdahtan  the  name  of  the  head  of  Merimack  where  it 
issues  out  of  the  lake  called  Wininapuscakit  upon  tlie  first 
of  August,  1652.  wee  observed,  by  observation  found,  that 
the  Latitude  of  the  place  was  43  degrees,  40  Minutes,  and 
12  Seconds,  besides  those  Minutes  which  are  to  be  allowed 
for  tl](;  three  miles  more  North  which  runne  into   the  Lake. 


228  DOCUMENTARY   HISTORY 

In  Tvitnesse  whereof  they  have  Subscribed  their  Xames 
this  19*^  of  October  1652./ 

Jur.  Cora  me  Jn°  Endecott  Gubernaf 

Jiio  Sherman.     Jonath  Ince. 

This  is  a  true  coppy  taken   out    of  y®    Court   Book  of 
Records,  as  Attests 

Ed  :  Eawson     Secretary. 


Being  called  by  the  Generall  Court  to  give  an  Acco'  of 
what  My  knowledge  was  concerning  the  Extent  of  the 
River  Merimacke.  Haveing  oftentymes  travailed  the  Country, 
some  of  the  Natives  always  with  mee,  which  have  from 
tyme  to  tyme  affirmed  that  the  Lake  called  Winnapaseokit 
issues  into  the  River  Merymack,  and  haveing  some  Indians 
Avith  mee  upon  the  Xorth  syde  of  the  said  Lake  upon  a 
great  Mountaine,  did  see  the  said  Lake  which  the  Indians 
did  affirme  issues  into  the  aforesaid  River,  having  this  Re- 
port by  them  for  the  space  of  27  yeares. 

Peter  AYeare. 

Attested  on  Oath  before  the  Governour    and  magistrates 
in  Generall  Court  17">  May.  1665. 

As  attests  Thomas  Danforth  by  Order. 

This  is  a  true  coppy  compared  with  y*"  Originall  on  File 
as  attests  Edward  Rawson  —  Secretary  — 


I  Richard  "\Yalderne  being  called  by  the  Generall  Court  to 
give  in  Evidence  of  what  I  know  about  y^  name  of  ]\Ieri- 
mack  River,  Testify  and  say,  that  about  30  yeares  since 
haveing  some  Coumierce  of  Trade  with  the  Indians  at  Pascat- 
Bway,  and  many  others  both  of  Pancatuck  and  Winipicioket, 


OF  THE  STATE  OF  MAINE.  229 

did  enquire  what  they  called  the  River  at  Pemywoke,  they 
said  it  is  Merimack,  and  enquired  why  there  were  other 
names  given  upon  that  River. 

The  answer  was,  such  names  referred  to  the  places  of 
Land  where  Indians  Live  upon  the  River,  not  the  River 
itself.  But  the  river  beareth  the  name  of  Merimacks  not 
only  in  the  Branch  w*^^  runneth  from  Winipicioket  but  the 
other  Branch  which  runneth  more  westerly. 

Also  likewise  about  6  years  since  being  sent  for  By  Pas- 
saconaway  and  severall  other  Sagamores,  where  there  was  a 
great  many  Indians  at  Pemy-Cooke,  and  being  then  at  the 
Fort  which  was  by  the  River  syde,  and  enquiring  concern- 
ins  the  name  of  the  River,  received  the  like  answer  as  is 
above  express't.     May  17.   1665. 

Rich.  Walderne. 

Attested  on  Oath  before  the  Governo""  and  magistrates  in 
Generall  Court  17"'  May  1665. 

As  attest  Thomas  Danforth  by  order. 
This  is  a  true  coppy  compared  with  the  originall  Left  on 
File,  as  attests 

Ed  :  Rawson  Secretary. 

The  Affidavit,  Letter,  and  other  five  papers  adjoyned  and 
fyled  together  are  true  Coppyes  of  the  Originall  Affidavit, 
Letter  and  other  five  papers,  being  Examined  with  the 
Originall  by  us. 

Symon  Robins. 
Rich  :   Walker. 


230  DOCUMENTAKY  HI^TOEY 

Correspondence  hetioeen  Major  Denison  Sc:  on  behalf  of 

the  General  Court  of  Massachusets / 
GeDtlmen, 

Wee  are  sent  by  y^  Generall  Court  of  y®  Massatusetts  To 
enquier  and  in  theire  Name  Wee  doe  demand  upon  what 
account  &  by  what  Authoritie,  You  haue  sumond  this  pres- 
ent Assemblie  att  Wells  :  And  exercised  Authoritie  ouer  y® 
people  tof  Yorksheere  w^ho  haue  acknowledged  themselues 
subject  to  the  sayd  gouerment  by  there  subscriptions  &  are 
bound  there  unto,  by  there  oath./ 

Daniell  Denison/    Will:  Hathorne/ 
Wells  May  y''  26.  1662./  Richard  Walden/ 

For  M'  Henry  Jocelyn  Major  Nicolas  Shapleigh  &  M' 
Rob  Jordan/ 

Vera  Copia    Francis  Neale  —  Secretarie  — 


Gentlemen  :  You  haveing  informed  y®  Mission  by  the 
generall  Court  of  y®  Masuthusents  to  enquier  &  in  theire 
Name  to  demand  According  to  y®  further  expresses  in  y** 
information.  AYee  say  wee  are  in  preparednes  To  giue  y® 
Hrdd  gen  :  Court  all  Ciuilt  &  Christian  Returne  when  itt 
shall  appeare  y^  soe  doeing  to  bee  in  theire  Names  In  y® 
meane  time  Wee  are./ 

Henry  Jocelyn     Jusquo  — 
Wells.  May  y<^  26.  1662./  Nicolas  Shapley     Cofi 

Apd  Curiafii/  Roll  Jordan  —  ComissS 

To  Major  Daniell  denison    Major  Witt  Hathorn 
&  Capt  Richard  Walden/ 
Vera  Copia  Francis  Neale  —  Secretarie  — 


OF  THE  STATE  OF  MAIXE.  231 

To  M"^  Henry  Jocelyn  Major  Nic  :  Shapley  &  M"" 
Eobt  Jordan/ 
If  wee  doe  nott  misunderstand  y®  paper  you  desier  satis- 
faction as  to  our  power  &  Coniission  from  y*  Gen  Court,  you 
may  Bee  assurd  of  our  readines  in  y^  respect  if  you  think 
meet  to  follow  our  example  or  propound  some  meet  wa}'^  y* 
y*  same  ma}'^  bee  Communicated  to  all  or  any  of  you,  wee 
desierd  to  haue  spared  this  trouble  had  our  Message  by 
Leeueteuuant  Dauis  found  acceptance,  w*^''  Avee  Ynderstand 
was  dcliuerd/  Daniell  denison/ 

Witt  Hathorne/  Richard  Waldon/ 
AVelsMay  y«  26.  1662/ 

A'^era  Copia  Francis  Neale  —  Secretarie/ — 


To  Major  Daniell  denison     Major  Witt  Hathorne 
&  Cap*  Richard  Walden/ 
Gentlemen 

According  to  y^  Tennor  of  our  first  paper  Wee  desier  a 
sight  of  y'"  Coniission  &  y*  you  would  permitt  our  Cleark 
y^  bearer  to  take  a  Coppie  thcrof./ 
AV'els  May  y«  27  1662./ 

Vera  Copia    Francis  Neale  —  Secretarie/ — 


232  DOCUMENTARY   HISTORY 

Translat/  10   Sept:  1667.     Representation    of  S"  Lewis 
Kirk  S  M""  Jolm  Kirh  concern  Accadis.f 
Representation  of  S""  Lewis  Kirk  &e,  concerning  Accadie/ 

For   what  concerneth  those  3    Bulwarkes   or 
fortresses   in    the   Parts   of  L   Accadie    or 
Nova  Scotia  erected,  &  by  the  French  Am- 
^  bassador  pretended  unto,  as  perteyning  to 

the    Territories    of    the    French    king    in 
America   unto   the   king's    most   Excellent 
Ma*y  and  his  Hon*^'^  Council  his  humble  & 
devoted  subjects  S''  Lewis  Kirk,  and  John 
Kirk  Esq''  Brethren  in  all  dutifuU  observance 
and  obedience,   do  most  humbly  represent 
as  followeth/ 
1  That  it  is  a  thing  remarkably  known  that  the  whole  Tract 
or  Space  of  laud  in  America  lying  on    either   side    of  the 
River  Canada,  which  a  long  time  since  were  known  by  the 
Names  of  Nova  Francia  &  Nova  Scotia,  were  at  first  dis- 
covered &  found  out  by  the  English  in  the  Time  of  king 
Henry  y*  Seventh  king  of  England,  which  expedition  was 
first  undertaken  at  the  Comand  and  Charges  of  that  king. 
Afterwards  was  furthered  &    carried    on    by  the  favorable 
aspect  of  Queen  Elizabeth  ;  so  that  in  processe  of  time  for 
many  years  together,  the  said  Tract  of  Ground  with  abso- 
lute priviledge  of  free  Commerce  fell  under  the  Jurisdiction 
and  power  of  the  Crown  of  England.  Neither  was  it  unto 
any  other  Christian  Princes,  or  their  Subjects  more  clearly 
known  or  discovered,  untill  about  the  year  1600  ;  Some  of 
the  french  understanding  the  benefitt  ariseing  by  Trafiique 
in  the  River  of  S'  Lawrence,  having  formerly  &  by  force  of 
Arms  seiz'd  upon  that  Tract  of  Land,  scituate  on  the  North 
side  of  the  said  flood  or  River  Canad  a  did  afterwards   in 
Alio  1604  :  under  the  Conduct  of  Lord  of  Monts 


h 


OF  THE  STATE  OF  MAINE.  233 

who  in  the  year  1606  was  brought  by  M""  de  Pourtriog 
Court  possesse  themselves  of  L  Arcadie  lying  on  the  South 
side  of  the  said  River  naming  the  whole  Nova  Francia  chal- 
lenging &  vsurping  to  themselves  for  many  years  at  least  de 
facto  the  Possession  thereof  with  Sole  Liberty  of  Commerce 
there  although  de  Jure  as  well  by  reason  of  the  first  discov- 
ery &  a  long  continued  possession  thoreof  by  the  English, 
as  of  a  Peace  at  that  time  Established  between  the  Crowns 
of  England  and  France  they  had  no  colour  or  claim  there- 
unto./ 

2  In  anno  1621  king  James  of  England  taking  notice  how 
unjustly  &  contrar}'  to  the  Law  of  nations  that  Invasion 
was  made  &  looking  upon  the  Possession  gotten  them  by 
the  French,  as  upon  an  Invasion  did  by  His  Ires  Patents 
grant  unto  S""  William  Alexander  a  Scotchman  (created 
afterwards  Earl  of  Sterling  by  King  Charles  the  first)  L 
Accadie  by  the  name  of  Nova  Scotia  who  in  the  yeare  1622, 
&  1623,  after  S""  Samuel  Argal  had  driven  out  Biard  &  Masse 
&  demolishing  their  fort  carried  them  Prisoners  to  Virginia 
having  obteyned  the  Possession  thereof  planted  a  Colony 
therein,  and  kept  Possession  thereof  for  about  2  yeares 
afterwards,  untill  such  time  as  upon  the  marriage  of  His 
Ma*^  king  Charles  the  first  with  the  Lady  Henrietta  Maria, 
the  said  L'Accadia  or  Xova  Scotia  was  by  order  of  the  King 
of  England  returned  into  the  Possession  of  the  French  : 

3  Afterwards  a  Warr  arisein<2;  between  his  Ma'^'  Kinof 
Charles  the  first  &  Lewis  the  13  :  Ano  1627  :  &  1628.  S' 
David  Kirk  &  his  Brethren  and  Relations  of  England  did  by 
vertue  of  His  Ma^^'  Commission  send  to  Sea  at  their  great 
charge  first  3  :  afterwards  9  :  shipps  with  "Warlike  Prepara- 
tions for  recovering  of  the  Possession  of  the  said  Lands 
lying  on  either  side  of  the  said  River  Canada,  &  to  oxpcll 
&  eject  all  the  French  tradcing  in  those  parts  wherein  they 
had  good  Successe,  &  in  Ano   1627  :  did  there   Sei:i    upoa 


234  DOCUMENTARY   HISTORY 

about  18  :  of  the  French  Shipps  wherein  were  found  135 
peeces  of  Ordnance  designed  for  releife  of  the  Royal  Fort  in 
L  Accadie  &  Quebeck  in  Nova  Francia  under  the  Command 
of  M^  de  Rocl^mand  &  Mons'"  de  La  Tour  Father  of  de  la 
Tour  Governo''  of  the  said  Royal  Fort  whom  together  with 
the  said  Shipps  and  Gunns  they  brought  into  England. 

And  in  the  yeare  1628  :  they  possessed  themselves  of  the 
whole  Region  of  Canada  or  Nova  Francia  Scituate  on  the 
North  side  of  the  River,  together  with  the  Fort  or  Castle 
of  Quebeck,  S""  Lewis  Kerli  being  then  constituted  Gover- 
nor of  the  Place,  the  French  being  then  either  expelled  or 
conveyed  into  England,  and  the  Arms  of  the  King  of  Eng- 
land being  Publickly  there  erected  and  every  where  placed. 
And  before  the  yeare  1628  :  it  was  brought  to  pass  by  the 
said  S""  William  Alexander  (assisted  both  by  the  advice  and 
Charge  of  the  said  Kirk)  that  in  the  Parts  of  L  Accadie  or 
Nova  Scotia  on  the  South  Side  of  the  River  Canada  the 
whole  Avith  the  Forts  thereon  built  being  by  him  Subdued 
presently  came  under  the  Power  of  the  King  of  England, 
that  Region  on  the  South  Side  foiling  into  the  Possession  of 
the  Said  S""  William  Alexander,  and  that  on  the  North  Side 
into  the  Possession  of  the  Kirks. 

4  On  the  29"'  March  1632  :  a  Peace  being  concluded  be- 
tween his  Ma*^'  King  Charles  the  first  and  Lewis  the  13  it 
was  amongst  other  things  on  the  part  of  the  King  of  Eng- 
land agreed  That  all  the  Forts  as  well  in  L'Accadie  as  in 
Nova  Francia  should  be  restored  into  the  Possession  of  the 
Subjects  of  the  French  King  which  was  exactly  performed 
on  the  part  of  the  English,  though  to  the  great  damage  of 
the  Kirks,  but  on  the  part  of  the  French  although  it  was 
agreed  as  in  the  4  :  &  5  :  Articles  of  Peace  is  sett  down 
(to  which  reference  is  had)  yett  nothing  was  ever  performed 
of  their  parts.  So  that  the  Kirks  did  thereupon  suffer  Loss 
to  the  value  of  5000"  sterlin  which  were  to  be  paid  them  by 


OF    THE    STATE    OF   MAINE. 


235 


M""  de  Cane  a  French  man,  but  reniaine  unpaid  to  this  da}^ 

5  Anno  1633  :  the  King  of  England  taking  notice  that 
although  the  Forts  &  Castles  according  to  the  League  were 
to  be  delivered  up  into  the  Possession  of  the  French  (espec- 
ially such  as  had  been  erected  during  their  Possession  there- 
of) yett  that  his  English  subjects  were  not  to  be  excluded 
from  Trade  or  free  Commerce  in  those  Regions  that  were 
first  discovered  and  possessed  by  his  Subjects,  did  with  the 
Advice  of  his  Councill  by  His  letters  Patents  dated  the  11*^^ 
May  1(533  :  upon, Consideration  had  of  the  Expences  which 
the  said  Kirks  hud  laid  out  upon  the  Fort  of  Quibeck  to  the 
value  of  50000"  and  also  of  their  ready  obedience  in  resign- 
ing up  the  same  on  his  Royall  Command  did  graunt  unto  S"" 
Lewis  Kirk  and  his  Brother  John  Kirk  &  his  Associates  for 
the  Term  of  31  yeares  (not  yet  expired)  full  Priviledg  not 
onl}''  of  Trade  &  Commerce  in  the  Kiver  Canada  &  places 
on  either  side  adjacent  l)ut  also  to  Plant  Colonies  and  build 
Forts  &  Bulwarks  whei'e  they  should  think  fitt. 

6  By  vertue  of  which  Commission  S"  Lewis  Kirk,  and  His 
Brother  John  Kirk  &  his  Associates  in  the  month  of  Feb- 
ruary next  following  viz:  in  1633:  Sett  forth  a  Shipp 
called  the  Mary  Fortune  laden  with  goods  of  a  considerable 
value  consigned  to  those  parts  where  during  her  tradcing 
there  without  any  just  offence  given  &  in  time  of  Peace  shee 
was  by  the  French  forceably  Seized  on,  &  carried  into 
France  &  her  lading  as  if  shee  had  been  lawful!  Prize  con- 
fiscated whereupon  the  Kirks  suffered  loss  to  the  value  of 
12000"  an<l  although  i\\o.  Hon'''"  Lord  Scudamore  Ambassa- 
dor in  France  by  the  King  of  Englands  special  Command, 
and  the  said  John  Kirk  being  then  in  person  by  the  King's 
ConmiMnd  did  oft(Mi  earnestly  urge  tliat  the  monys  due  to 
the  Said  Kirks  and  the  said  sliipi)  with  her  Ladeing  might 
l>c  restored,  w"^''  for  no  other  Cause  had  been  seized  upon 
and  sold  but  only  for  that  by  the  King's  Conunission  Slice 


236  DOCUlilENTAEY   HISTORY 

was  found  tradeiiig  at  Canada,  yett  he  could  obtain  nothing 
but  after  some  yeares  fruitlesse  endeavours  returned  into 
England  without  accomplishing  his  desires 

In  the  yeare  1654 :  Cromwell  although  an  unjust  Vsurper 
of  the  Govermeut,  yett  upon  Consideration  of  the  P'^ses 
taking  a  just  occasion  for  requiring  the  possession  of  L 
Accadie  sends  forth  severall  Shipps  under  the  Command  of 
one  Sedgwi(;lc  who  by  vertue  of  the  authority  graunted  him 
by  Cromwell  Assaulted  &  subdued  the  aforesaid  Forts  in 
Nova  Scotia  and  restored  them  into  the  Possession  of  the 
English  And  although  in  the  yeare  1655  a  League  of  firm 
peace  of  Amity  being  concluded  between  Cromwell  & 
French  King,  The  French  Ambassad''  did  often  urge  the  res- 
titution to  the  Possession  of  the  French,  yett  for  the  same 
causes  aforesaid  which  had  moved  Cromwell  to  seize  upon 
them  it  was  thought  fitt  still  to  reteyn  the  Possession  of 
them,  And  although  according  to  the  purport  of  the  25 
Article  of  the  Peace  Commissioners  on  both  sides  were  to. 
be  appointed  for  the  desideiug  &  determining  that  Contro- 
versy :  3^ett  nothing  was  done  therein,  neither  did  the  Com- 
missioners ever  meet  within  3  :  months  as  in  the  24**^  Arti- 
cle of  the  Treaty  was  provided  and  agreed.  So  that  now  the 
Case  is  very  clear,  that  the  Possession  to  the  English  re- 
mains firm,  &  Just,  and  that  the  Forts  and  Bulwarkes  be- 
fore specified  are  without  all  paradventure  under  the  Power 
and  Jurisdiction  of  his  Ma'-''  the  Kins:  of  Eno-land. 

The  Truth  and  certainty  of  which  conclusion  in  Law  and 
reason,  which  very  clearly  and  fully  ariseth  from  the  Prem- 
ises wee  readily  grant  &  Assent  unto,  which  Notwithstand- 
ing from  the  reason  &  Considerations  following  shall  be 
made  evident  &  more  Confirmed./ 

1  To  say  nothing  how  the  first  discovery  and  Possession  of 
the  Regions  above  mentioned  was  clearly  made  &  taken  by 
the  English  Subjects,  in  regard  of  the  many  &  divers  Vicis- 


or  THE  STATE  OF  MAINE.  237 

situdes  frequent  Spontaneous  unconstrained  changes  &  resig- 
nation of  the  Possession  thereof,  wee  insist  no  further  herein 
then  only  that  from  thence  wee  clearly  evince  and  manifest 
that  there  was  perpetuum  Jus  a  Constant  continued  Right 
at  least  of  the  Traffique  and  Commerce  in  those  Regions  in- 
vested in  the  English  which  no  Surrender  or  resignation  for 
the  time  being  of  the  said  Forts  in  those  parts  could  any 
wise  infringe  or  extinguish. 

2  In  regard  the  Fortresses  and  Bulwarks  above  mentioned 
in  L'Accadie  or  Nova  Scotia  after  that  they  had  in  the  year 
1628  :  been  taken  by  the  Law  of  Amies  were  not  in  any 
other  sense  restored  to  the  Possession  of  the  French  in 
anno  1632  :  then  under  the  Performance  on  their  Parts  ot 
Certain  articles  or  Conditions  (for  every  respective  Article 
in  a  League  or  peace  hath  the  force  and  efficacy  of  a  Con- 
dition implied)  which  Conditions  were  by  them  never  per- 
formed to  this  day  Therefore  from  the  Premisses  nothing 
Seemeth  more  evident  and  Consonant  both  to  Law  and 
equity,  then  that  the  Surrender  or  resignacon  thereof  made 
by  the  English  should  be  null  and  voyd  the  Agreera*  dis- 
solved and  frustrate  &  the  Forts  &  Bulwarks  be  restored  & 
return  into  their  first  Estate  as  if  such  Resignation  or  Sur- 
render had  never-been  made./ 

3  And  for  this  very  Reason  that  Fortress  or  Bulwark  of 
Quebeck  in  Nova  Francia  which  still  remaines  in  the  Pos- 
session of  the  French  seemeth  that  it  may  be  Justly  de- 
manded back  by  the  Kirks  by  greater  reason  &  Stronger 
Colour  &  force  of  Law,  then  those  fortresses  Now  in  the 
possession  of  the  P^nglish  in  Nova  Scotia  are  Challenged  & 
pretended  unto  by  the  French,  seeing  these  did  by  right  of 
the  Law  of  Arms  and  after  the  violation  of  the  Articles  of 
Peace  clearly  return  into  tlic  Power  and  Possession  of  the 
English,  but  that  Seemeth  to  l)e  unjustly  detained  by  the 
French  without  all  colour  of  Law  seeing  they  failed  in  Per- 


238  DOCUMENTARY   HISTOEY 

formance  in  that,  for  which  the  said  Surrender  or  resigna- 
tion was  made  by  the  Kirkes. 

4  But  whereas  they  yett  remaine  not  only  not  Contented 
with  their  unjust  detayning  of  the  Castle  of  Quebeck  on 
which  the  Kirks  ought  to  insist  and  never  to  Cease  claim  till 
they  be  fully  satisfyed  of  those  great  Summs  of  mony 
which  according  to  the  Expresse  Articles  of  the  Peace  were 
to  be  repaid  them.  But  also  notwithstanding  that  liberty 
&  Priviledge  of  force  traflSque  and  Commerce  in  those  parts, 
acquired  &  purchased,  not  only  by  the  first  discovery  & 
seizure  of  those  places  by  the  English  but  also  by  force  & 
vertue  of  the  King's  Ma*^  speciall  Commission  granted  and 
obtained  for  the  Just  Causes  therein  particularly  expressed 
they  Seized  upon  the  Shipp  Mary  Fortune  abovementionned 
withall  her  Ladeing  of  goods  belonging  to  the  Kirks  &  ex- 
posed the  Same  to  publick  Sale.  Why  then  was  Cromwell 
blamed  or  the  French  Ambassado'"  Complain  against  him 
because  out  of  Consideration  of  the  Premisses  he  had  seized 
upon  those  Forts  &  Castles  and  restored  them  into  the  pos- 
session of  the  English,  and  he  although  an  unjust  or  wicked 
invador  of  anothers  Right  &  Governm'  and  So  of  Necessity 
it  must  follow  that  those  accoiis  &  matters  of  State  which 
he  exercised  &  managed  during  his  usurped  Governm'  could 
have  no  efficacy  &  force  from  any  right  of  his  which  was 
none,  yet  it  hindered  not,  but  that  what  he  could  not  acquire 
or  accomplish  to  himself  nor  yett  derive  to  another  (namely 
Coll  Temple  might  be  &,  was  justly  and  lawfully  acquired 
and  gott  by  his  Ma'^  who  had  Law  full  right  to  the  Governm* ; 
Hence  it  was  that  those  Forts  in  Nova  Scotia  obtained  and 
acquired  by  Cromwell's  Act  do  with  no  Less  right  yeild  and 
Submitt  to  the  Goverm*  and  Power  of  His  Ma'^  the  King  of 
England,  then  either  Dunkirk  or  Jamaica,  which  single 
reason  doth  Strongly  oppose,  and  plainly  destroy  the  Pre- 
tentions of  the   French  Ambassador,   because    the   French 


OF  THE  STATE  OF  MAINE.  239 

King  Concluded  a  Peace  with  Cromwell  &  acknowledge  the 
Governni*  invested  in  him.  So  that  the  Aml)assador  had  no 
cause,  to  l)lame  Cromwell,  for  any  wrong  done  l)ecause  in 
that  mutuall  League  they  did  not  Stick  to  attribute  to  & 
Acknowledge  in  him  the  highest  right  &  power  in  the  Gov- 
erning of  England. 

And  in  regard  in  that  Treaty  of  Peace  for  the  Causes 
afores**  Cromwell  did  not  think  fitt  to  restore  to  y^  trench 
the  Forts  &  Castles  afores''  w'^''  chiefly  concern  y"  Kirks. 
Therefore  seeing  there  was  no  other  or  better  reason  could 
be  assigned  of  the  Seizing  upon  &  deteyning  those  Forts 
then  a  plain  &  manifest  violacon  &  breach  of  that  League 
concluded  in  aiio  1632:  ever  since  the  s'^'  Forts  w"'  that  of 
Quebeck  had  been  resigned  into  the  possession  of  the  French. 
And  in  regard  y"  Loss  and  damage  ariseing  by  that  violacon 
a  l)reach  of  the  peace,  doth  only  concern  &  fall  upon  y^ 
Kirks  (the  like  occasion  of  Complaint  happning  to  none 
other  of  the  English  nation  beside)  For  these  causes  &  re- 
spects they  w"'  great  confidence  &  Submission  hope  that 
your  Ma'y  will  please  to  consider  with  your  self,  &  accord- 
ing to  y^  Equity  &  merits  of  y°  Cause  to  order  &  determine 
that  those  Forts  al)ove  menconed  (which  soever  shall  seem 
good  to  your  Ma'^  either  to  retayn  them  or  restore  them,  to 
the  French  oi"  otherwise  to  grant  or  dispose  of  them  to  any 
others  as  your  Ma'^  shall  think  titt)  may  yet  according  to  y^ 
law  of  Eijuity  be  liable  for  &  obliged  to  make  good  &  fully 
to  satisfy  all  such  losses  &  damages  as  the  Kirks  especially 
above  all  others  of  the  English  nation,  have  Susteyned  & 
sulliM-ed  by  means  of  y"  French/ 

All   which  Premisses  they  do   most  humbly   referr  and 


240  DOCUMENTARY  HISTORY 

Submitt  to  your  most  Excellent  Ma*^  &  your  most  hon'^'® 
Councill/ 

L.  Kirke. 

J.  Kirke. 

W"  Turner/ 

This  is  a  true  Translation  agreeing  w*^  the 
originall   being  made  &  taken  this    tenth 
day  of  Septemb""  1667.  examjned/ 
James  Windus. 
By  vs     ^V'^  Fashion/ 


The  Title  of  ike  English  to  Acadia  or  JVbva  Scotia  and  the 
Comodities  it  yields./ 

Title  of  the  English  to  Nova  Scotia./ 
Nova  Scotia  or  Acadie  (as  the  French  call  it)  was  discov- 
ered by  the  English  unto  y®  River  Canada  in  the  Reigne  of 
Henry  y^  T**"  further  discovered  in  1535  in  Q :  lillizabeth 
Reigne,  see  Hackluyts  3*^  Volume  &  Purchas  his  Pilgrimage 
8"^  Booke./ 

In  1627  and  1628  :  There  hapned  a  warre  betweene  France 
&  England,  S''  Lewis  kirke,  John  Kirke  &  Partners,  and  S 
AY™  Allexander  sent  several!  Shipps  thither,  and  Surprised 
the  French  Shipps  sent  with  Provisions  to  strengthen  it  & 
afterwards.  Port  Royall,  Fort  Quebec,  Cape  Breton  and 
severall  other  places. 

Afterwards,  viz*  on  24"^  Apr:  1629  Acts  of  Hostility 
were  to  cease,  and  all  taken  two  Months  after  that  to  be  re- 
stored to  the  irreat  damage  of  Kirke  &c. 


OF  THE  STATE  OF  MAINE.  241 

Mtirch,  the  29'"  1G32,  By  an  Article  of  AgreemS  Acadia, 
Canada  Port  Royall,  Fort  Quebec  and  Cape  Breton  was  to 
be  deliv'ered  to  the  French,  the  French  King  to  pay  4436'  to 
S""  Lewes  Kirke  by  Du  Cape  a  French  man,  who  was  pro- 
tected by  the  French  King,  that  he  coukl  not  be  Compelled 
by  Courts  of  Justice  to  pay  the  Same. 

The  King  our  Soveraigne  did  not  intend  to  Quitt  y'^  title, 
but  y"  IP''  May  1633,  on  consideration  of  50000:  Charges 
y^  Kirkeshad  been  at,  in  Surprising  Quebec,  and  other  places 
on  the  River  of  Canada,  which  before  Avere  under  the 
French  King,  and  in  regard  of  the  Obedience  of  Kirke,  in 
Complyance  with  the  Treaty,  did  by  Pattent  of  11"'  May 
1633,  grant  unto  Lewis  Kirke,  the  Sole  Trade  into  y^  s*^ 
River,  Gulfes  Lakes  and  adjacent  Islands  &  Continents,  on 
both  Sides  the  Said  River  for  31  years  :/ 

In  Febr :  1633,  Kirke  Set  out  a  Ship  called  the  Mary  For- 
tune bound  to  the  River  Canada  ;  (there  l)eing  peace  be- 
tween England  and  France)  where  Shee  traded  a  Month, 
and  y"  Bon  Contempt,  Vice  Adinirall  overpowring  her, 
brought  her  to  Diepe,  where  Shee  &  her  Lading  were  con- 
fiscated being  worth  12000'/ 

The  Complaint  for  this  Ship  and  the  4436'  being  Continued 
no  redresse  was  granted. 

In  1654  Cromwell  in  hostility  with  the  French  armed  out 
a  Fleet,  w"''  Seised  on  Port  Uoyall,  Fort  S'  John  Pentagoet 
&c7 

Nov""  the  3''  1655,  the  French  waved  their  Claimc  as  to  the 
present  R 'stitution  of  thos.;  {)laces,  but  referred  y"  decision 
of  that  and  other  differences  to  arbitration. 

Accadiii,  lyes  bctweene,  42'  and  45''  of  North  Lat :  in- 
chi<liiig  the  great  River  of  Cana(hi  w'-''  Containcs  the  Gulfe 
of  S'  Lawrence  w'*'  at  the  entrance  is  22  Leagues  Broad  and 
extends  its  seife  800,  miles  west  &  by  South,  into  many 
great  Lik;.'s  iyi'.Jg  on  the  l>.ick  side  of  the  English  Planta- 
16 


242  DOCUMENTARY   HISTORY 

tions,  it  may  therefore  concerne  his  Ma"®  to  keepe  the  places 
Demanded  by  y*"  French  Ambas  adors  and  to  Ph.nt  Colonies 
up  &  downe  Canada  and  Nova    Scotia/ 

It  is  fertile  in  Corne  &  Pasturage./ 

It  is  stored  with  Comodities  supplyed  by  the  Sound  as 
Pitch,  Tarre,  Ilempe  Masts,  Timber,  Furres  w'^'^  single 
Trade  will  bring  great  Revenue  to  England  and  other  Ad- 
vantages besides  Copper  &  other  mines. 

The  reducement  of  it  under  his  Ma"®*  Dominions  will 
divide  America  with  the  Spaniard  and  unite  all  our  Planta- 
tions Between  which  the  French  do  now  interpose,  and  if 
not  timely  prevent  d  will  give  them  an  Advantage  to  de- 
stroy the  Trade  of  Seale ;  Whale,  Cod,  &  Morse  fishing, 
w'^'*  though  Plentifull,  is  the  le:ist  thing  Considerable,  &  by 
degrees  make  them  al)le  to  infest  our  S"*  Plantations  &  dis- 
turbe  our  Nivigatio.is  in  those  Seas,  and  per  hanse  Arme 
the  Indians  against  us./ 


For   Major  Daniell  Denison   Major    Will  Hathorn    Cap 
Richard    Walden/ 

Gentlemen  as  wee  feared  soe  wee  find  our  time  would  bee 
spufil  out  in  frutless  &  in-significant  papers.  To  y®  best  wee 
signified  to  you  by  y""  owne  Messenger  our  readiness  To 
shew  our  Comission  Though  Avee  are  nott  convinced  of  any 
necessitie  to  giia  Copies  Wee  haue  acquainted  you  with  y® 
first  part  of  our  Message  wherein  had  you  beene  pleased  to 
satisfie  us,  you  had  spared  us  y®  deliuerie  of  y®  second, 
which  though  perhaps  unacceptable  to  you,  Yett  our  fidelitie 
in  y*  discharg  of  our  trust  doth  necessitate  us  to  Lett  you 
understand. 


OF    THE    STx\TE    OF    MAINE.  243 

Wee  doe  therfore  in  y''  Name  &  behalfe  of  y®  GeneraH 
Coiut  of  y^  Massatiisetts  Protest  against  y®  Late  actings  as 
Injurious  to  y®  Autlioritie  of  that  Court,  Tending  to  y*"  dis- 
turbance of  y®  peace  of  y"  Inhabitants  of  Yorksheere  & 
Contrarie  to  y'"  solemne  engagements  And  doe  hereby  in  his 
^Majesties  Xame  requier  you  to  returne  to  y*  subjection  & 
obedience  To  y*"  Generall  Court  of  y®  niassatusetts  accord- 
ing to  y®  Articles  &  suljscription  att  kitterie  York  Wells  & 
sparwinck  &  y*  you  forthwith  quiettlie  dissolue  this  assem- 
blie  called  by  y"  owne  Authoritie/ 

Gentlemen  y""  Compliance  wilt  bee  noe  disadvantage  in 
this  case  wee  are  perswaded  y®  Calmer  or  more  sedat  reflec- 
tions will  preuaile  you  to  account  us 

Y®  frinds  &  seruants/ 
Daniell  Denison  — 
Wells.  May  27./  16(52./  Wilt  Hathorne  — 

Kichard  Walden  — 
Comissioners  of  y®  Massathusetts/ 
Vera  Copia 

Francis  Neale  —  secretarie  — 


Gentlemen/ 

Wee  y"  Commissioners  of  Fardinando  Gorges  Esq' 
Whose  Authoritie  is  deriued  from  his  Majestic  doe  in  his 
Majesties  Name  protest  against  any  Arbitrarie  proceedings 
of  any  pretended  Authoritie  AVhateucr  nott  immediatlie  de- 
riued from  his  sayd  Majestic  tending  to  y®  breach  of  y* 
peace  of  this  Prouince  To  y^  Justification  of  which  Act 
Wee  declare  our  selues  Legallie  oblidged,  And  doc  requier 
you  in  jiis  majesties  name  to  a])staine  from  Unjust  molesta- 
tions of  us  or  y'=  good  people  of  this  Prouince  &  in  soe 
docing  you  will  find  vs  bee 

Y"  reall  frinds  &  Loueing  Neighbours  &  seruants  — 
May  y*  27.  1602./ 

Vera  Copia  &c  :  &c  : 


244  DOCUMENTARY    HISTORY 

Wels  this  27"^  1662. 

Whereas  y®  worships  desier  our  Concurrence  with  y' 
selues  in  Compliance  &  subjection  to  that  Authoritie  w*^^ 
you  declare  you  haue  From  Fardinando  Gorges  Esq""/ 

Our  Answer  is  Considering  our  present  estate  y*^  as  our 
Subscriptions  &  oathes  haue  Ingaged  vs  to  y®  Massatusetts 
Authoritie  wee  huml)lie  conceaue  itt  most  Agreeable  to 
right  reason  &  the  Cuntries  saftie  to  Equesse  under  y®  sayd 
Authoritie  untill  opportuuitie  giue  a  seasonable  time  of 
triall  to  the  gentlmen  of  y®  Massatusetts  &  y^  Worships  of 
this  Cause  before  his  majestic  our  Supream  Judge  unto 
whom  our  subjection  is  att  all  times  readie  as  his  pleasuer  is 
pleased  to  desire  itt  as  appertaining  to  y^  one  or  y®  other  — 
(Richard  Nason  dissenteth  —     Witt  Phillips  Speaer  in  y® 

one  of  ye  deputies)  behalfeof  y^  Deputies  — 

Vera  Copia  &c  :  &c  : 


The    Warrant   of  tf    Comissioners  of  if   Massatusetts  for 
y'   calling  of  a   Court  att    Wells/ 

To  y®  Inhabitants  of  y®  Countie  of  York/ 
These  are  in  his  Majesties  Name  To  Wilt  &  requier  you 
&  euery  of  you  To  whom  Notice  of  these  presents  shall 
come  to  appeare  before  us  y®  Commissioners  of  y°  Generall 
Court  of  the  Massatusetts  assembled  att  y*^  house  of  Francis 
Littlefeild  in  Wells,  att  three  of  y^  Clock  y^"  2T^  of  this 
instant  to  receiue  such  orders  &  directions  as  shall  then  bee 
Communicated  to  you  from  the  Geiiarall  Court./ 

By  y®  Comissioners  of  Daniett  Denison  — 

y*"  general!  Court/  Witt  Hathorne  — 

Giuen  att  Wells  Richard  Walden/ 

y«  27  May  1662/ 


OF   THE    STATE    OF   MAINE.  245 

To  Nathaniell  Masterson   Marshall    ot 
y^  Countie  of  Yorke/ 
These  are  to  Will  &  requier   3^011  to  publish  our  aboue 
written  Warrant  withoutt  delay  To  as  many  of  y*^  Inhabi- 
tants of  Yorksheire  as  y'^  time  will  permitt  requiring  them 
to  giue  theire  attendance  as  is  therein  expressed 

By  3^e  Couiissioners  of  Daniell  Denison  — 

the  generall  Court/  Will  Hathorn  — 

May  27  1662/  Richard   Walden/ 

Vera  Copia  Francis  Neale  —  secretarie/ 


For  M'  Henry  Jocelyn  —  Cap^  Francis   Oliampernoone  — 
3Iajor   Mc:     ShajyJey  —  ]\F    RoU    Jordan  —  Jf  Tho 
Purchaa/ 
Gentlemen, 

Wee  bee  seech  you  att  Last  remember  y*^  solemne  oathes 
to  y""  Authoritie  of  y*^  Massatusetts  immediatelie  dcriued 
from  King  Charles  y^  first,  A  :  do  :  1628  by  his  Charter  w'^'' 
his  present  Majestic  our  gracious  Soueraigne  hath  beene 
pleased  to  Asseuer  vs  shall  bee  Confirmed  to  us,  Wee  are 
nott  a  frighted  by  any  Comissions  from  Fardinando  Gorges 
esq''  vpon  what  pretence  soeuer  resting  Confident  in  his 
Majesties  Justice  &  fauor  against  all  pretenders  in  whose 
defcnitiue  Judgment  in  this  case  wee  sliall  acquioss  butt  till 
y*  bee  made  knownc  to  y''  generall  Court  of  y^  Massatusetts 
you  cannott  without  breach  of  Faith  executt  any  orders  or 
Comaiids  from  any  i)rctender.  Gentlemen  you  haue  made  to 
Larg(!  a  i)r()gress  in  these  disorderlie  Actings  wherein  if  3H)u 
shall  Continue  to  y"  disturbance  of  y"  kings  peace   you  will 


246  DOCUMENTARY   HISTORY 

inforce  vs  to  change  our  stile  you  know  wee  cannott  owne 
M'  Gorges  Comissioners  if  3^ou  writte  Jus  quo  wee  must 
return  quo  Justly  wee  may  nott  playe  with  you,  butt  once 
againe  advise  &  requier  you  to  put  y'  period  to  y""  unjust 
violations  of  y*  right  of  y^  Massatusets  y''  owne  faith  &  y* 
peace  of  this  People  in  soe  doeing  wee  shall  rest/ 

Y''  frinds  &  seruants 

Daniell  Denison  — 

Will  Hathorne  — 

Richard  Walden  — 
May  y^  27  1662/ 
Vera  Copia  Francis  Neale  —  secretarie- 


Comissions  of  y 
Massatusetts/ 


Eesolued  by  the  Trustees  of  Fardin  ;  Gorges  Esq""  and 
Lord  Proprietor  of  this  Prouince  of  Maine  by  Authoritie 
deriued  to  him  from  his  Sacred  Majestic  of  blessed  memorie 
being  now  in  cession  That  AVee  neither  doe  nor  may  by  any 
meanes  approue  Consent  to,  or  pass  into  an  Act ;  The  motion 
&  ishew  of  this  presence,  as  being  destructive  &  auers  to 
y*  Libertees  of  y*  free  holders  of  this  prouince  &  against 
y*  honour  properties  &  rights  of  our  Lord  Confirmed  unto 
him  by  supream  Authoritie  &  Condescended  unto  by  the 
Free  holders  of  y^  Prouince,  wheras  you  Conceaue  &  declare 
y'  Conceptions ;  as  most  agreeable  to  right  reason  And  y* 
saftie  of  y*  Cuntrie  That  wee  should  Aquiess  wee  Answer 
y^  itt  is  immediatelie  Contrarie  to  y^  Magna  Charta  of  our 
Nation  and  destructiue  to  y*  whole  Law  which  is  y'  right 
reason,  whereas  you  appoint  vs  to  oppertunitie  &  seasons  of 
triall.     Wee  declare  wee  are  as  yett  free  from  any  attamts 


OF  THE  STATE  OF  MAINE.  247 

process  or  Acts  of  Law  from  his  majestie  or  any  vnder  him 
to  Co  maud  vs  to  any  such  tryalls  butt  are  by  him  &  his 
ai)pointed  ones  to  be  calld  thereunto  w'^''  must  bee  by  vs  & 
alt  obaj'ed. 

Francis  Xeale  —  secretarie  — 
Wels  this  27"'  1662./ 

The  house  desiereth  to  know  whether  you  haue  any 
further  motions  or  bills  to  present  unto  them  as  Likewise 
according  to  y*  promise  a  List  of  y*  deputies  Names 

Francis  Xeale  —  secretarie  — 
Vera  Copia  Francis  Neale,    secretarie/ 

The  2^ames  of  ?/   Trustees./ 
Leefteu' :     1  :  AVitt  Phillips  speaker 

2.  M'  Georg  Municy 

3.  ]\P  Edward  Rish worth 

4.  Humphry  Chadborn 

5.  Richard  Xayson 

6.  M-^  Witt  Symouds 

7.  John  Sanders 

8.  Arthur  Anger 

9.  Christopher  Lawson/ 
10.  Tho  :  Hayncs/ 

Wels ,  2  7  May  (02.)  H .  Walter  Matthe wes/ 

In  relation  To  what  you  sent  vs  Wee  haue  nothing 
to  say  AVitt  Phillips,  Speaker 

Vera  Copia  &c  :/ 


After  y*  foregocing  passages  vpon  Conference  with  jNP 
Jocelyn  Major  Shaph^y  &  y"  other  Gentlemen  which  Con- 
tinued to  assert  y"  interest  of  ISV  George  in  y"  Countio  of 
York  part  of  y"  Prouincc!  of  Maine  itt  was  nuituallio  agreed 


248  DOCUMENTAKY    HISTORY 

That  M-"  Henry  Jocelyn  Major  Shapley  Cap*  Walden  & 
Cap*^  Pike  should  keepe  a  Court  att  York  one  y^  first  tues- 
day  in  Juli  next  for  hearehig'  and  deterinuihig  all  Causes 
Ciuill  &  Criminall  proper  to  there  Cognizance  According  to 
Law  &  y*  y'  Records  bee  Transfered  to  York  &  deliuerd  to 
M""  Rish worth  who  shall  bee  ready  safely  to  returne  y*  same 
att  y'  said  Court  into  y'  hands  of  y^  then  elected  Recorder 

And  itt  is  agreed  That  y'  Clearkes  of  y'  Writts  shall 
issue  forth  all  process  in  y*  Kings  Name  after  this  manner. 
These  are  in  his  Majesties  Name  To  will  &  recjuier  you  to 
appeare  &c  Alwayes  prouided  this  agreement  shall  nott 
prejudice  y*  right  &  Interest  of  any  partie  Claming  Juris- 
diction ouer  y*  sayd  Countie  or  Prouince/ 

Daniel!  Denison,  Witt  Hathorne,  Rich  Walden 

May  y"  28.  1662/ 
Vera  Copia  &c  :/ 


[Dedarafion  of  Bobt.  Jordan,  Co7nrrf  for  Ferd.  Gorges./^ 
Att  &  To  a  Respectiue  assemblie  att  Acomenticus    other- 
wise undueli  stiled  York  in  y'  Prouince  of  Maine  the   first 
Tuesday  of  Juli  1662/  by  Robert  Jordan  Comissioner/ 

God  Saue  the  king.  Charles  y'  2''  king  of  that ,  name 
King  of  England.  Scott :  France  &  Ireland  &  all  y'  domin- 
ions &  Territtories  thereunto  belonging  Supreame  Gouer- 
nour./ 

I  doe  requier.  That  Cheiflie  &  aboue  all  y*  Justice  bee 
first  don  to  y^  Crowne  of  England,  That  his  sacred  Majestie 
bee  nott  disinherisoned. 


OF  THE  STATE  OF  MAINE.  249 

I  doe  requiei"  that  noe  manner  of  Authoritie  bee  heare  ex- 
ercised hutt  such  as  is  deriued  from  y^  Crowne./ 

I  doe  requier  That  noe  person  or  persons  under  any  pre- 
tence whateuer  execute  or  Cause  to  bee  executed  any  Act  of 
Law  or  pretence  of  Law  withoute  a  due  publication  of  his 
or  theire  Comission  thereunto./ 

I  doe  requier  That  in  case  of  any  pretentions,  or  Heall 
Patents  granted  by  his  sacred  Majestic  to  seuerall  persons 
who  haue  Warrantie,  That  then  y®  Justices  desist  untill  in- 
formation bee  giuen  thereof  to  his  Majestic  &  Aid  of  him 
required,  if  AVarrantie  ap))care  :  otherwise  I  requier  a  pro- 
ceed and  execution  of  Justice  Legallie  within  this  prouince./ 

I  doe  requier  in  y^  behalfe  of  y**  Parliament  of  England 
&  euery  free  denison  there  of,  That  noe  waigeing  of  Law 
in  any  kind  or  degree  bee  permitted  withoutt  witnesses  & 
pares.  That  Justice  in  itts  maner  or  matter  bee  nott  sold 
baterd  Compounded  or  agred  ;  defered  or  denied  one  any  or 
Considerations  contrarie  to  y*  Magna  Charta/  I  doe  Requier 
for  y^  Honour  of  3'e  most  High  Lord  Chanceti  of  England 
That  noe  man  bee  permitted  to  Act  as  a  Justice  of  y^  Assises 
Nisi  prius  Goale  deliuery  or  y^  peace  butt  such  who  are 
by  him  thereunto  Comissionated/ 

I  doe  requier  that  noe  person  or  persons  be  allowed  or 
permitted  to  Act  or  Doe  Justice  ;  Who  is  nott  Learned  in 
y"  Lawes  ;  who  is  nott  a  resident  in  this  prouince  of  Maine, 
who  h;is  nott  taken  y"  oath  of  Supremacic  ;  AVho  doth  nott 
Vdkv.  y"  oath  of  y"  Justice  of  Assises  Goale  deliuery  or  y" 
peace;  Who  is  or  may  api)ear(.'  to  bee  guiltio  of  Treason  or 
Chargd  with  suspition  th(M-cof;  Who  hath  Comitted  &  is 
guilt ic  of  Jeofaile  or  fault urt;  of  Justice,  pretending  his 
Majc>ti<'s  Xjiiiic  butt  noil  iicliiig  liis  majesties  office/ 

Acted  and  acknowledged  by  nu.'e  — 
Kobert  Jordan  — Commissy 


250  DOCUMENTARY   HISTORY 

A    Coppie   of  Esff    Gorges    Comissioif^  order   to  Francis 
JSFeale/ 

Mem  :  of  a  resolution  of  the  Coram"  of  F.  Gorges/ 

This  6""  of  Juli  1(362  in  y^  fowerteenth  yeare  of  his  Maj- 
esties Rainge,  itt  is  Resolued  y^  Francis  Neale  secretarie  shall 
draw  vp  due  &  true  Coppies  of  all  such  Acts  &  Interactions, 
Plaue  passed  from  y*  first  day  of  Esq""  Fardinando  Gorges 
assertion  of  his  right  to  y*  Prouince  of  Maine  after  y^  8^"^  of 
August  in  y*  12""  yeare  of  his  Majesties  Rainge  to  this  present 
&  shall  have  y*  assistance  of  M""  Rofet  Jordan  in  his  soe 
doeing  And  before  they  are  transmitted  to  y*  sayd  Esq' 
Gorges  y*  sayd  Copj^ies  are  to  bee  submitted  &  presented 
To  Henrie  Jocelyn  Esq""  for  his  approvements  &  subcription 
Giuen  under  our  hands  die  predicto/ 

Henry  Jocelyn,  Jus  quo 
Nicolas  Shapley,  Comission''/ 
Robt  Jordan 

I  Francis  Xeale  this  7"'  of  Julie  in  prosecution  of  y* 
aboue  written  Comand,  Demanded  of  M""  Edward  Rishworth 
his  assistancie  in  reference  to  y*  Records  which  are  in  his 
Custodie./ 

His   Answer  was  as    followeth. 

M'  Jocelyn  &  Major  Shapleigh  gaue  him  noe  order  in  re- 
lation to  any  such  Concernment  Neither  hath  he  receiued 
order  From  Cap'  Pik  or  Capt  AValden  when  they  were 
assembled  together  in  y*  Last  Court  or  presence  att  York  of 
any  such  Comand  &  therfore  he  is  nott  willing  to  deliuer 
any  such  Records  relateing  thereunto./ 
Juli  y*  7**"  1662./         Yera  Copia  Francis  Neal — secretarie/ 


OF    THE    STATE    OF   3IAINE.  251 

Lew  from   df  Godfrey/  to  31"  Fovey.    7"^   Aprill  1663./ 
For  the  BigJit  loorsJiq)'  Thomas  Poveij  thes  jfsent/ 

Lett""  from  "SI'  Godfrey  to  M""  Povey  ab* 
a  discription  of  y^  province  of  Maine 
H«  Sir 

I  haue  Formly  wrot  3-0"  A  briefe  discription  of  the  puince 
of  Mayne  how  it  standetli  att  p''sent :  know  if  Columbus 
offered  the  discouery  of  the  West  India  to  Henery  the  7^^ 
yo"  ar  att  p^sent  offered  a  tracte  of  kind  all  redd}'  discouered 
&  in  pt  populated  w*''  Inglish  :  w*"''  for  Futuer  &  discouery  is 
of  more  Consarnement  then  any  pt  of  America  as  yet 
setteled  one  by  the  Engliss  &  that  yo"  may  haue  p'"sent  p  fit 
w"'out  1''  Charges  Honor  &  good  to  yo""  selues,  w'^''  yo" 
&  my  lord  Roberts  sone  ifi  Render  Glory  to  god  gave  to  his 
Ma"  ben3'fit  to  y""  selues  &  good  to  the  whole  Cuntery  send 
but  for  Gorges  to  M  Francis  lutterells  att  Grase  In  &  taulke 
w"'  him,  yo"  will  fynd  him  a  man  not  Capable  of  such  a 
great  busines  to  bee  the  undoing  of  soe  many  loyall  subjects 
&  suffer  thos  ptes  of  the  w'"'  tell  1G52  had  euer  lined.  Ac- 
cording to  his  ma"  lawes  as  by  the  Report  yo"  know  &  ys 
hand  testifieth  but  now  is  mad  a  Recepticle  of  thos  of  Ileugh 
Peeter :  Vane  :  Vener :  Baker :  Potter  who  to  ouoyd  ther 
p'cipies  fly  theather  (con  sacre  in  Saco)  for  shelter  dc  keep 
us  Loyall  subjects  out  of  our  Inheritanc  after  :  30  :  yeares 
possetion  soe  deerly  bought  now  in  Great  mysery  except 
God  rayes  Freinds  I  humblie  desyer  3^0"  to  taulke  w"'  my 
lord  Roberts  sone  ih  Hender  &  that  I  ma}'  know  3'r  resolu- 
tion though  Gorges  Grandes  haue  Plunderd  b}'  house  in 
New  England  &  possesed  them  selues  of  most  of  m3'  Collec- 
tions Records  p''si(ients  &,  })aps  of  55  3'eares  traucll  I  haue 
sufficient  h(!er  to  (Jard  a  Kigiit  Course  &  settell  thos  pts  as 
fonVily  to  an}^  reasonable  man  6c  that  \v"'out    1''  charges    but 


252  DOCUMENTARY   HISTORY 

p'^sent  j3  fit  to  the  undertakers  I  humbly  craue  two  words  in 
Andswer  &  Rest 

Yo""  saruant  to  bee  Comded 
Ludgatad.  7  Aprill  G3/ 

Edward  Godfrey 

Att  the  Cloosing  hereof  nuse 
is  brought  niee  that,  one  i^ 
Nicohis  belonging  to  the 
Duke  of  Yorke  is  to  goe 
fro  New  England  w''^  yf 
yo"  may  Informe  him  of  me. 
I  haue  all  passeges  of  40 
yeares  in  that  Cuntery  well 
shewe  him  &  yo"  what  is 
needfu.  Ed  Godfrey./ 


A  Resume 
An  Abstract,  of  Orig^  Ace'  uf^  is  in  Latin  &  French  40 pp. 
re  the  Title  of  Lands  &c:  in  JSfova  Scotia  &c: 
The  opinion  of  W.  W.,  in  pursuance  of  a  Royal  Mandate, 
upon  the  question  between  the  K.  of  France,  &  Thomas 
Temple  Esq''  for  himself  &  the  King  of  Eng.,  as  to  his  in- 
terest in  the  lands  &  fortresses  claimed  by  the  Amb.  of  the 
K.  of  France./ 


OF    THE    STATE    OF   MAIXE.  253 

I 

A.  Facts. 
The  representation  of  the  Amb.   of  the  K.  of  France/ 
1.  Port  Royal,  Fort  S'  Jean  &  a  considerable  parcel  of  New 
France  taken  possession  of  in  1654  by  some  English  private 
incliv.  under  color  of  reprisal./ 

Matter    referred    in    1658    to    Commissioners  —  nothing 
done.  — Prays  restitution. 

II 
Representation  on  the  side  of  K.  of  Eng./ 

1.  Occupation  in  1606  of  Nova  Scotia  by  Charles  S* 
Estine  dc  La  Tour,  &  foundation  of  Fort  S'  Jean. 

2.  Claude  S*  Etienne  de  la  Tour  takes  possession  of  Cape 
de  Sables  &c  ab.  1606. 

3.  James  I.  grants  these  lands  to  W"  Alexander  in  1621 
by  name  of  Nova  Scotia. 

4.  Car,  I.  confirms  grant  ab.  1625. 

5.  Claude  &  Charles  afores*^  Naturalized  &  created  Baron- 
ets &  Barons  of  Nova  Scotia/ 

6.  W""  Alexander  by  Pat.  13  ap.  1630  granted  all  the 
territory  a  Mirliqueth  &  a  la  Ilaue  on  the  E.  to  Pentagoet 
on  the  ^Y.,  with  P^  Royal,  Fort  S'  Jean,  at  Pentagoet  to 
Claude  &  Chas  afores*^  in  fee  to  be  held  of  the  K.  of  Eng- 
land. 

7.  Which  were  so  held  by  them  with'  interruption/ 

8.  All  these  lands  &  forts  in  N.  Sc.  are  distant  by  many 
hund.  leagues  from  New  II.  &  were  never  hckl  part  of  it,/ 

III 
On  the  part  of  T.  T.  for  the  K.  of  E.  &  for  his    own 
right./ 

1.  Two  Port  Royals,  one  in  N".  Sc.  one  in  N.  Fr.  the 
former  belongs  to  K.  of  Eng.  latter  to  K.  of  Fr./ 

2.  Fort  S'  Jean  &  Pentagoet  not  nicnlioncd  in  Treaty  bet. 
Louis  13  t^  Charles  of  1632,  which  had  in  view  not  the  res- 


254  DOCUMENTARY    HISTORY 

titution  of  the  territories  of  Aciidie,  Canada,  but  of  all  the 
places  occupied  in  N.  Fr.  by  the  English. 

3.  The  Port  Royal  mentioned  in  treaty  most  likely  not  in 
N.  Sc.  but  in  N.  Fr./ 

4.  K.  of  Fr.  never  had  Port  Roy.  in  N.  Sc.  nor  F'  S' 
Jean's  nor  Pentagoet  nor  Cap  Sables  nor  Cap  Breton  in  N. 
Sc,  nor  any  pai;t  of  it  bef.  sd  treaty  of  1632.  &c. 

5.  Hostilities  against  English  in  N.  Sc.  commenced  by 
Donee  after  treaty  —  takes  possession  of  Port  Roy.  in  N. 
Sc.  — expels  Charles  S'  Etienne  de  la  Tour  from  F'S.  Jean's 
—  who  afterwards  marries  his  widow  &  regains  possession  of 
P'  Roy.  Fort  S'  Jean  &  Pentagoet. 

6.  French  expelled  from  N.  Sc.  in  1654  by  Sedgewicke, 
who  takes  possession  in  name  of  Oliver  Cromwell. 

7.  Treaty  between  Louis  14  &  O.  C  in  1655,  referring 
question  of  restitution  of  forts  to  Commissioners/ 

8.  No  Commissioners  named  by  Louis  — forts  derelict  by 
desertion./ 

9.  Forts  granted  in  1656  by  O.  C.  to  Charles  de  la  Tour 
&  T.  Temple  to  be  held  by  latter  in  fee  under  G'  Britain. 

10.  Said  T.  T.  then  took  possession,  held,  &  Now  holds 
these  forts./ 

B 
Then  follow  quotations    from    legal    authorities    on  both 
sides  with  a  discussion  on  the  arguments ^9?'o  S  con./ 

The  final  opinion  being  in  favor  of  the  right  of  K.  Chas. 
to  the  forts./ 


OF    THE    STATE    OF    3IAI^'E.  255 

4'''  Febr:  IG64.  LeW  from  Coll.   Cartwrighi. 
Col.  Geo.  Cartwright  to  Col.  Xicolls./ 

This  day  S''  Robert  Carre  delivered  nie  your  letter,  for 
y^"^  1  thank  you  ;  and  shall,  (to  the  utmost  of  my  power,  in 
order  to  all  my  obligations,  those  of  discretion,  as  well  as 
Loyalty)  endeavour  to  observe  all  his  ]Majesties  instructions  : 
Here  we  find  a  great  pro])ability  of  o])struction  (of  w*"**  I 
gaue  you  information  before,  but  fearing  it  may  have  mis- 
carryed,  shall  tell  you  them  again.)  It  is  reported  here, 
y'  we  have  alread}'  cost  this  country  300"  j\Iajor  gen''  Leveret 
(I  am  told)  hath  received  34"  for  his  expences  extraordinary 
in  entertaining  you  ;  it  is  reported  also  y'  w^e  are  to  demand 
12''  for  each  acre  of  ground  improved,  &  3000"  a  year  be- 
sides, y'  we  are  to  infringe  the  discipline  of  the  church  by 
compelling  children  to  be  baptized  ;  &  that  we  interrupt 
their  form  of  government,  by  our  admitting  of  appeales  ; 
here  arc  also  severall  whisperings,  &,  laying  of  wjigcrs,  that 
we  shall  never  sit  here  as  Conmiissioners  ;  and  it  is  certain, 
that  these  people  have  twice  sent  letters  to  my  L'*  Chancelor 
since  August  last.  Upon  these  considerations,  I  doe  think 
it  will  be  better  to  l)eginne  at  Conecticote,  and  to  despatch 
the  other  3  colonies,  before  rhis.  For,  if  we  have  good 
successe  there,  it  will  be  a  strong  inducement  to  these  to 
subniitt  also  to  his  Majesties  Commission  ;  and  if  these 
should  any  wayes  oppose  us,  it  would  be  an  ill  precedent  to 
the  other  ,  then  the  difference  betwixt  M"^  Gorge's  patent  & 
this,  does  seemc  by  the  kings  letter  so  reserved  tohimselfe  ; 
but  1hos(;  that  are  concei'iicd  in  it,  hope  before  May  to  have 
letters,  &  orders  to  referre  it  to  us  ;  &  it  is  probable,  y'  by 
that  time,  we  also  may  have  letters  for  our  further  instruc- 
tions ;  and  this  Colony  being  l)oth  the  richest,  greatest, 
niosl  })()pulous,  &  incliiial)lc  to  a  coinnioii  wealth,  we  ought 
to  li;ive  the  greatest  circumspection  about  it.     I  cannot  con- 


256  DOCUMENTARY    HISTORY 

ceive  how  it  is  possible  for  us  to  gret  a  o-ood  election  made 
for  the  next  generall  assembly,  seing  none  can  elect,  nor  be 
elected,  but   such  as    are    church-members,  and    of    them, 
there  is  never  a  barrel  Ijetter  herrin.     I  thhik,  it  will  be  the 
best  therefore  for  us  to  take  all  the  best  cources  we  can,  &  I 
know  none  yet  besides  writing  to.  severall  friends,  to  desire 
all   the   country  to  come  in  at  the  next  court  of  Election, 
w*^"^  will  be  in  the  beginning  of  May,  that  we  may  communi- 
cate to  them  what  the  kino;  hath  given  us  in  command :   and 
then  to  deal  with  them,  as  wel  as  we  ma3\     I  hope,  I    shall 
prevayle  with  S""  Eobert  Carre,  &  M''  Maverick,    y'  we  may 
be  at  Road-island,  before  the  first  of  March  at  the  furthest. 
I  have  seen  all  the  papers,  w^'^  you  have  sent,  but  have  not 
perused  them   yet,  &  therefore  do  not  understand   hoAv  we 
can  be  both  judges,  &  solilcitors  in  Duke  Hamiltons,  &  M"" 
Masons  cases,  but  I  hope  when   I   have  read,   &  considered 
y"  that  difficulty  may  be  resolved.    Here  is  now  a  court  sit- 
ting in  Boston  ;    &  M''  Winder  hath  had  a  great  tryall   gone 
against  him  ;    he  had  many  substantiall  men,  &  merchants 
that  gave  evidence,  for  him,  upon  their  oathes ;  the  other 
party  had   but  one   witnesse  sworn,   yet  him  selfe  being  a 
church  member  carryed    the   caus,  hard   born.     I  am   very 
glad  that  M*"  Willet  entends  to  goe  immediatly  to   you,  (by 
whom  I   hope   this  .letter  will  come   safe   to  your  hands)    I 
believe  him   both   a   very   honest,  and  an    able    gentleman ; 
and  y*  he  will  serve  you  both  for  a  Mayor,  &  a  councelor. 
I  wil  onely  say,  that  the  fort   is  not  to  be  kept    2   dayes 
longer,  nor  2  howers,  by  having  the  walls  raysed  higher,  in 
my  opinion  and  therefore  a  batter}^  upon  the  point  would  be 
of  greater  advantage,  &  more  considerable    then  the  fort  it 
selfe,  if  ever  the  town  be  fortifyed,  the  same  materialls  will 
serve  in  both  places.     Major  general  Leveret  is  making  such 
a  work  under  the  fort-hill,  &  removes  great  stones  of  ten 
tun  weight  &  more.    The  Dutch  expect  the  English  lawes  at 


OF  THE  STATE  OF  MAINE.  257 

their  six  months  end ;  and  it  is  probable,  they  wil  rather 
take  that  for  oppression,  w'^''  shall  be  imposed  on  them  after- 
wards, then  for  the  present,  acknowledge  your  indulgence 
in  letting  them,  for  a  while  longer,  use  their  own  lawes ; 
bat  your  own  convenience  in  this,  is  the  greatest  considera- 
tion. Here  is  another  vessel  o:oe3  for  Eno'land  about  14 
dayes  hence.  Against  May,  I  pray  you  send  me  order 
where  &  how  I  may  receive  the  remainder  of  the  250" ;  I 
have  not  gone  to  dinner  with  any  towns  man  since  I  came, 
suspecting  them  to  be,  as  I  fear  they  are,  yet  all  such  as 
come  to  see  me,  and  those  are  very  few,  I  use  as  civilly  as 
I  canne.  The  saving  of  a  little  expence  shall  not  be  an  oc- 
casion in  me  of  hindring  his  Majesties  service,  so  much  I 
have  considered  these  peoples  temper,  with  his  Majesties 
caution.  That  all  designes  of  profitt  for  the  present  seem 
unreasonable,  &  may  possibly  obstruct  the  more  necessary 
designe  upon  their  obedience,  &  loyalty.  They  have  altered 
the  law  for  freemen,  w'^'^  I  send  you  enclosed,  I  like  it  not, 
the  reason  is  so  visible,  I  wil  not  trouble  you  with  it.  But 
with  my  hearty  wishes  for  your  prosperity  &  successe  there, 
and  for  your  company,  &  assistance  here,  rest 

Your  most  affectionate  servant 
Cap  :  Breedons. 

Feb:  4.  1GG4./  George  Cartwright. 

S'        We  have  perused  the  lynes  aboue  we  know  all  to 

be  truth,  we  crnestly  desire  your  p^sence  heare  if  possible 

by  the  20"'  of  Aprill,  the  day  of  election  l)eingc  the  3''  of 

May,  in  the  meane  tymc  we  shall  doe  what  we  can,  b}-  way 

of  [/puration  and  desiringe  to  heare  from  you  by  ail    Con- 

vay-ances  We  Remayne 

8^ 

You""  most  assured  frcindc 

and  humble  seruant 

Enl :     4"  Feb  :  1GC4;  Ptol)ert  Carr. 

Lettrfrom  Coll  Cartwrijht  Samuel)  Maverick. 

17 


258  DOCUMENTARY    HISTOEY 

The  King's  Comm"''  comm"  for  Justices  of  the  Peace   in 
the  Province  of  Maine./ 

By  the  Kings  Connuissioners  for  setling  the  affaires  of 
New  England. 

We  haveing  seen  the  severall  Charters  granted  to  S'' 
Ferdinando  Gorges  and  to  the  Corporation  of  the  Massa- 
chusets  bay,  &  received  severall  peticons  from  the  inhal)i- 
tants  of  the  Province  of  Mayne,  which  is  layd  claime  unto 
but  by  the  heire  of  the  said  S'"  Ferdinando  Gorges,  &  the 
said  Corporacon,  in  which  peticons  they  desire  to  be  taken 
into  his  Ma*''"'*  immediate  protection,  &  governm*  And  hnve- 
ing  considered,  that  it  would  be  of  ill  consequence,  if  the 
inhabitants  of  this  province  should  be  seduced  by  those  of 
the  Massachusets  l)ay,  who  have  already  by  sound  of  Trum- 
pet denied  to  submitt  themselves  unto  his  Ma*'®'  authority, 
which  by  Comission  under  his  great  scale  of  England,  he 
hath  been  pleased,  to  entrust  us  with ;  looking  upon  them- 
selves as  the  supreame  power  in  these  parts,  contrary  to 
their  Allegiance  :  &  derogatory  to  his  Ma'''^'*  Soveraignty  : 
And  being  desirous  that  the  inhabitants  of  this  province 
may  be  at  peace  amongst  themselves,  &  free  from  the  con- 
tests of  others,  &  the  inconveniencies  which  thence  must 
necessarily  ensew,  to  the  end  they  may  be  so  :  Wee  by  the 
power  given  us  by  his  sacred  Ma*'''  under  his  great  scale  of 
England,  do  by  these  presents  receive  all  his  Ma*'*-''  good 
subjects,  living  within  the  Province  of  Mayne,  into  his 
Ma"*"'  more  immediate  protection,  &  Governm*  And  by  the 
same  power,  &  to  the  end  this  Province  may  be  well  gov- 
erned, wee  hereby  nominate,  &  constitute  M""  Francis 
Champernown,  &  M""  Robert  Cutt  of  Kittery  ;  M""  Edward 
Johnson,  and  M""  Edward  Rish worth  of  York;  M""  Samuel 
Wheelwright  of  Wells,  M''  Francis  Hooke,  &  M'  William 
Phillips  of  Sacoe,  M'  Georg  Munjoy  of  Cascoe,  M""  Henry 
Jocelyn  of  Blackpoint,  M""  Robert  Jordan  of  Richmond 
Island  ;  and  M""  John  Wincoll  of  Newgewanack  Justices  of 
the  peace ;  And  we  desire,  &  do  in  his  Ma"*'^  name  require 


OF    THE    STATE    OF    MAINE.  259 

them,  &  every  of  them  to  execute  the  office  of  a  Justice  of 
the  peace,  within  the  province  of  Mayne  :  And  we  hereby 
autliorize,  &  impower  ^NI""  Henery  Jocelyn,  &  M""  Edward 
Eishworth  Recorder,  or  either  of  them  to  administer  this 
Oath  under  written  wliich  themselves  have  taken,  before 
us,  to  all  the  fore  named  Gentlemen  who  have  not  taken  it : 
before  they  shall  act  as  Justices  of  the  peace.  And  we 
hereby  give  power,  &  authority  to  any  three,  or  more  of 
the  above  named  Justices  of  the  peace,  to  meet  at  conven- 
ient times,  &  places,  as  heretofore  other  Magistrates  have 
mctt ;  or  as  they  shall  thinke  most  convenient :  &  there  to 
heare,  &  determin  all  causes  both  civill,  &  crirainall ;  and  to 
order  all  the  affaires  of  the  said  province,  for  the  peace 
safety  &  defence  thereof;  proceeding  in  all  cases  according 
to  the  laws  of  England  as  near  as  may  be :  and  thus  to  doe 
untill  his  ma''®  will  please  to  appoint  an  other  goverum* 

And  in  his  Ma"^  name,  we  require,  &  command  all  the 
inhabitants  of  this  province  to  yeild  obedience  to  the  said 
Justices,  acting  according  to  the  laws  of  England  as  neare 
as  may  be,  And  in  his  Ma"*"*  name  we  forljid,  as  well  the 
Commissioners  of  M""  Gorges,  as  the  Corporation  of  the 
Massachusets  bay,  to  molest  any  of  the  inhabitants  of  this 
province  with  their  pretences  :  or  to  exercise  any  authority 
within  this  [)rovince,  untill  his  Ma"*^*  pleasure  be  further 
knowne,  l)y  virtue  of  their  pretended  rights. 

Given  under  our  hands,  &  scales  at  Yorke  within  the  said 
Province  23'^  day  of  June,  In  the  seaventccnth  year  of  the 
reign  of  our  Soveraigne  Lord  Charles  the  2''  by  the  grace  of 
God  King  of  England,  Scotland,  France,  &  Ireland  &c: 
Ami   ill  the  ycare  of  our  Lord  fiod  KiOo./ 

Robert  Carr  O  Scale 

George  Cartwriglit        O  Scsale 
Samuel  Maverick  O   Scale 

Wee  also  desire  y'  all  who  l;iy  claiinc  to  any  land 
in  this  Province  by  Patent  to  have  them  forth 
coming  by  this  time  twelve  months. 


260  DOCmiENTARY   HISTORY 

The  Oath 
You  shall  sweare,  that  as  Justices  of  the  peace  in  the 
province  of  Ma3aie  you  shall  doe  equall  right  to  the  poore, 
&  rich,  after  the  Laws,  &  customs  of  England,  according  to 
your  conning,  wit,  &  power :  And  you  shall  not  be  of  coun- 
cel  of  any  quarrel  hanging  before  you ;  You  shall  not  let  for 
gift,  or  other  cause,  but  wel,  &  truely  you  shall  do  your 
office  of  Justice  of  the  peace.  So  help  you  God  &c. 

Robert  Carr. 

George  Cartwright. 

Samuel  Maverick. 

Unci:     23.  June,  1665.  /S"-  R.  Garr  &g: 

{his  Ma'''*  Comnf'  Jor  y*  settling 
of  the  affaires  of  New  England) 

doe  by  these  prsents  receive 
all  his  Ma'^'  good  Sab*'  of  y^  province  of 

Mayne  into  his  Ma''^' 
more  {mediate  protection:  cC  doe  therein 

Constitute  11.  Justices 
of  y^  peace,  to  act  according  to  y'  laives  of 

England:  &  in  his 
Ma*'^^  name  Comand  &  require  all  y''  Inhabitants 

to  yield  them 
obedience.  .  .  is  doe  forbid  M''  Gorges  Gom''' 

&  y^  pretences  of  the 
Massacusets ;  (loho  by  sound  of  Trumpet  have 

declared  ag*  them 
his  Ma'^  Gonf')  That  all  y*  pretend  Patents 
for  land  in  this  province  doe  put  in  their  claymes 
by  this  time  12.  moneth. 
Insert  y^  Oath,  taken  by  7j^  s^  Justices/ 
A  Copy  of  the  Comission  for 
Justices  of  the  Peace  in  the  province 
of  Maine/ 
dated  23^  June  1665/  No.  7. 


OF  THE  STATE  OF  MAINE.  261 

The  King's  Comm'^  to  Sec.  Lord  Arlington/ 

s-- 

After  the  Court  at  Boston  was  ended  (of  which  we 
sent  you  an  account  before)  we  went  to  visit  the  Eastern 
parts,  &  first  we  past  a  tract  of  Land  hiid  claime  to  by  M"" 
Mason,  who  peticoned  his  Maj''"-'  about  it;  his  Maj"''  referr'd 
it  to  S""  Robert  Mason,  &  others,  who  made  their  report  to 
the  King ;  all  which  M""  Mason  sent  to  Colonel  Xicolls, 
whom  he  made  his  Attorney  :  This  Province  reaches  from  3 
miles  north  of  Merrimak  river  to  Piscataquay  river,  &  60 
miles  into  the  Country :  We  find  many  small  Patents  in  it, 
&  the  whole  province  to  be  now  under  the  usurpation  of  the 
Massachusets,  who  once  set  up  a  bound  house  3  larg  miles 
north  of  Merrimake,  &  owned  it  for  above  12  yeares,  yet 
since  claimes  all  this,  &  60  miles  more  to  the  north  to  be 
within  their  patent.  Col/.  Nicolls  being  bound  to  attend  de 
Ruiters  attempt  against  New  Yorke,  &  not  being  here,  we 
left  them  as  we  found  them,  under  the  Massachusets  gover- 
ment ;  though  they  were  very  earnest,  to  be  taken  under 
his  Maj""  government,  as  will  appeare  by  their  peticons, 
which  we  have  sent  herewith.  From  Piscataquay,  East- 
ward to  Sagadahock,  &  120  miles  into  the  country  is  an 
other  province  called  Yorkshire  now  l)y  the  Massachusets 
under  whose  governm'  we  found  it,  formerly  called  the 
province  of  Maine,  in  the  Kings  Charter,  l)y  which  it  was 
granted  to  S"^  Ferdinando  Gorges  :  The  inhabitants  of  this 
province  were  nmch  troubled  by  the  contests  of  the  Massa- 
chusets, &  the  Commissioners  of  M""  Gorges  ;  &  being  weary 
of  the  unjust,  &  partiall  acting  of  the  Massachusets  :  & 
fearefiill  of  the  proceedings  of  the  other,  generally  peticoned 
us  to  take  them  into  his  JNIa'''^'  more  immediate  governm' 
which  we  did  do  :  &  appointing  some  to  act  as  Justices  of 
the  peace,  &  to  hold  Sessions,  wee  discharged  both  the 
other  from  exercising  any  authority  untill   Iiis  Maj"'"  })leas- 


262  DOCUMENTAEY    HISTORY 

lire  be  further  knowne  :  This  hath  ah'eady  given  such  satis- 
foction  to  the  people  that  they  have   peticoned    his    Maj*-"^^ 
that  they  may  for  ever  be  governed  by  his  commands,  as 
will  appeare  by  their  peticon,  which  also  we  have  sent  here- 
with.    And    thus  we  did,  being  assured  that  it  was  the  best 
expedient  we  could  use,  both  to  procure  the  peace,  &  quiet 
of  that  province,  &  to  end  the  differences  betwixt  the  two 
pi'etending  parts  for  the  present,  leaving  the  finall  determin- 
ation to  his  Maj''""^  wisdom.     In  this  province  are  5    townes 
Kittery,  York,  Wells,    Scarborough,    &   Falmouth :  They 
build  all  by  the  sea  side  :  Their  townes  are  5  or  6  miles  long 
at  the  least ;  though  they  have  but  30  houses  in  them,  & 
those  very  mean  ones  too.     If  there  l)e  not  better  governm* 
established  amongst  them,  &  more  care  taken  of  them,  that 
Province  will  never  be  either  well  peopled,  or  well  cultivated. 
The   places  beyond  Sagadahock  were  given  to  his   Royall 
Highness  by  his  Ma""  Yet,  as  Col.  Nicolls  desired  who  could 
not  attend  to  go  himself,  wee  have  appointed  some  to  governe 
them  for  the  present,  as   there    was   great   need.     Upon  3 
rivers,  the  East  of  Kenebeck,  Shipscot,  &  Pemaquid  there 
are  3  plantations,  the  greatest  hath  not  above  20  houses,  & 
they  are  inhabited  by  the  worst  of  men:    They  have   had 
hitherto  noe  governni*  &  are  made   up   of  such  as  to  avoid 
paying  of  debts,  &  being  punished  have  fled  thither :  For 
the  most  part  they  are  fisher-men,  &  share  in  their  wives  as 
they  do,  in  their  boats.     Wee  were  up  within  Piscataquay 
river  July  the  9^''  when  we  received  his  Ma"®*  tre  of  January 
28"^  There  being  an  excellent  harbour  larg,  &  safe,  and  7, 
or  8  ships  in  it,  &  great  store  of  Masts,  we  sent  warrants  to 
4  towns  upon  that  river,  with  an  intent  to  have  gotte  that 
h,arbour  fortified  by  them  :  but  the  ISIassachusets  sent  a  pro- 
hibition to  them,  &  a  letter  to  us,  by  their  Marshall,  which 
put  a  stop  to  our  indeavours.     This  place  we  think  deserves 
fortifieing  as  much  as  any  place  in  New-England. 

We  are  tould  by  some  of  themselves,  that  they  have  ap- 


OF  THE  STATE  OF  MAINE.  263 

pointed  a  general  1  Court  to  be  on  August  1"'  to  consider 
how  to  mannag  their  opposision,  for  that  they  intend  to 
maintain,  the  bounds  of  their  patent  as  far  as  they  diave 
streatch't  them :  and  to  sntFer  none  to  make  warrants  or 
orders  within  the  same  l)ut  themselves  :  and  to  justitie  their 
owne  wayes  for  admitting  Church  members,  &  free  men, 
though  the  Kiug  write  never  so  oti'ten  to  the  contrary  : 
some  few  exceptions  they  ma}^  make  as  acts  of  their  favour 
to  gain  some  to  their  partie,  &  to  serve  to  delude  the  King, 
with  a  shew  of  complyance  :  for  if  writeing  will  serve  the 
turne  (as  they  sup[)ose  it  will)  they  can  keep  the  business 
in  agitation,  untill  the  King  and  all  his  Secretaries  there  : 
and  all  his  good  subjects  here,  be   weary    of  it. 

If  nothing  of  greater  consequence  mdv3  them  to  let  it  fall, 
Avhich  they  hope  may  happen  :  And  that,  if  his  M'"''  do  not 
take  some  speedy  cource,  they  who  have  declared  their  judgm'* 
against  them  will  be  undone  ;  As  also  all  those  who  have  peti- 
coned  for  any  redress  :  And  that  it  is  the  case  of  the  loyall  party 
here,  as  not  long  ago  it  was  in  England ;  Though  they  be 
two  for  one ;  yet  they  are  so  over-awed,  that  they  cannot 
help  themselves  :  That  both  the  readiest,  &  surest  way  is, 
for  his  ]Maj"*'  to  take  away  their  Charter,  which  they  have 
severall  ways  forfeited,  which  King  Charles  1**  was  about  to 
do  a  litle  before  the  Scotch  war  in  1G3G,  or  1637  :  And  if  his 
Ma'"'  will  assure  "the  people  they  shall  not  be  tyed  to  religious 
cereraonys,  the  generallity  of  them  will  be  well  contented  : 
But  this  without  a  visible  force  will  not  l)e  ertected.  This 
advice  we  have  had  from  them;  &  this  indeed  is  our  owne 
opinion.  We  have  heard  severall  say,  though  they  do  wish 
that  the  governm'  was  otherwise  ;  yet  they  had  rather  sutler 
as  they  doe,  then  take  u[)  arnies  against  them  :  And  indeed 
without  this  course,  it  will  be  iuipossible  for  the  King  ever 
to  attain  those  two  ends  nuintioned  in  our  private  instruc- 
tions. If  his  Ma"^  should  now  let  these  people  rest,  have- 
ing  so  nuicli  d(!clared  themselves  against  his  authority   over 


264  DOCUMENTARY   HISTORY 

them  ;  those  that  are  well  affected  will  never  dare  hereafter 
to  declare  theraselves,  besides  all  the  other  ill  consequences 
which  must  necessarily  follow.  Those  who  have  declared 
themselves  loyall,  are  very  much  threatned,  &  in  great  feare  ; 
&  have  earnestly  prest  us  to  soUicit  his  Ma"°  for  their  speedy 
defence,  &  safety,  that  they  may  not  be  Afflicted,  or  ruined 
for  shewing  their  loyalty  :  We  therefore  earnestly  desire 
you  to  ac(|uaint  his  Ma"®  with  their  desires  in  this  ;  as  also 
of  haveing  their  children  baptized  :  &  themselves  admitted 
to  the  Lords  supper.  If  any  thing  be  here  wanting,  we 
hope  it  may  be  supply ed  by  Col :  Cartwrights  relation,  & 
subscribe  our  selves 

Your  most  humble    Servants 
RC.     GC.     SM. 
Boston  July  2(3":  1665./ 

^iid  :     jSr  It.  Carr,  &c :  &c :  signifie  to  yd' 

Lord'^  the  dangerous  Vsurpations 
of  y*  Mass:  mahing  use  of  his  ma"^^  authoritie 

to  oppose  his  ma*"-'^ power : 
y*  it  is  ?/*  Case  of  the  Loyall partie  there, 

as  not  long  since  in  Engl'^^ 
ivJto  tho  they  he  two  for  one,  yet  they  are 

over-aived  (&c:  i&c: 
A  Copy  of  a  Letter  sent  by  the  Comnf',  to  M'  Sec''" 
Benet,  vf  Col.  C  —  ivent  for  England  / 


OF    THE    STATE    OF    MAINE.  265 

Joseph  Mason  to  Rob*  Mason./ 

Pascataway.  16.  July.  1665. 

Honoured  Cosin/ 

M''  Robert  ]\Iasou.  S""  be  pleased  to  understand  by 
these  j^  some  moyeths  since  I  writt  you  a  Ire  by  one  Capt° 
Harris  Commander  of  a  shipp  laden  for  London  with  Masts, 
hopeing  it  came  safe  to  yo""  hands,  wherin  I  aduised  you  of 
the  receipt,  of  yo""  Ire  to  me  by  the  Kings  Commiss"  dated 
3'^  may  1G64  M'hich  came  not  to  my  hands  untill  some 
moneths  since  of  the  second  coming  of  the  Comiss'"'  into  these 
parts  after  their  being  with  Dutch  and  reduceing  the  Mona- 
does  — 

S""  I  perceaue  by  yo""'  you  haue  impoured  Gennerall  Xich- 
olls  for  the  setling  yo""  province  graunt.  I  pray  God  you 
may  haue  good  Success  in  it,  but  the  said  Gennerall  hath 
not  been  in  these  partes  Since  his  coming  into  the  Country 
any  nearer  then  Boston  but  the  other  Three  Conniiiss"  are 
now  here  and  haue  been  in  most  partes  of  the  Country  to 
understand  their  greevances  and  to  take  them  off  from  the 
Bays  GouernenV  but  the  Gouerno""  of  the  massachusett's  with 
the  rest  of  their  Councill  at  Boston  haue  violently  opposed 
their  proceedings  heer,  and  will  not  sutler  them  to  act  ac- 
cording to  their  lawful  Commission  and  order  from  the 
Kings  Maj''*"  which  hath  caused  a  stop  for  the  present  untill 
it  be  fully  declared  to  his  Maj'"'  &  Councill,  To  which  they 
look  only.  One  of  the  said  Commission"  is  in  this  shipp 
retui'ned  for  England  to  carry  an  acco"  therof,  yett  thus 
nmch  I  lett  you  understand  y*  gennerally  the  people  heer 
and  in  the  next  prouince,  called  the  prouince  of  Maine  are 
all  desirous  to  l)0  taken  olf  from  the  Bay  Gouernem*  S'"  I 
shall  desire  you  to  make  yo^self  knowne  to  this  gentleman, 
Cotl.  George  Cartright  he  hath  taken  greate  paines  in  perus- 
ing my  papers  &  relation  to  yo'  atfaires  for  which  you  may 
please  to   giue   iiim    thanks.      I  haue   wavted    on   them   for 


266 


DOCUMEXTARY    HISTORY 


seauerall  Dayes  of  their  sitting  and  must  not  be 

they  notwithstanding  the  Bayes  prohibition  to  us  not  to  ap- 
peare  before  them  or  their  order,  heer  hath  been  a  publick 
meeting  of  the  people  before  the  said  Commiss''"  and  by 
their  Command  to  heare  the  Kings  tre  read  which  w^as  sent 
gennerally  to  the  whole  Country,  and  at  y*  time  the  Com- 
misson""*  declared  unto  them  y*^  they  were  out  of  the  Bayes 
Jurisdiccon  which  was  bounded  by  the  Bay  themselues  many 
3'eares  since  by  a  Certaine  bound  marke  still  extant,  and  doe 
declare  the  Easterne  part  from  thence  to  be  the  prouince  of 
New  hampshire,  in  which  wee  are  included  according  to  yo"" 
Graunt,  and  withall  doe  promise  speedily  to  settle  the  Gou- 
eruem'  thereof  — 


Joseph  Mason. 


End:  Piscataway  IGGo. 
Joseph  Mason.  16  July. 
Coppy  Letter/ 

G-iviny  Advice  to  3r  Rob  Mason, 
And  expressing  the  generall  Desire 
of  the  People  to  be  freed  from  the 
Massachusetts  / 


Order  of  the  General  Court  held  at  Boston/ 

At  a  speciall  Generall  Court  called  &  held  at  Boston  y® 
1'*  of  August  1665./ 
This  Court  being  sencible  y*  through  y®  wncked  practizes 
of  many  persons  whoe  doe  prophane  Gods  holy  Sabboths, 
&  contemne  y^  pubt  worsh  of  his  house,  y*^  name  of  God  is 
greatly  dishonoured,  &  y*^  profession  of  his  people  heere 
greatly  scandalized,  as  tending  to  all  prophanes  &  irreligion, 
as  alsoe  y'  by  reason  of  y"  late  Order  of  October  20  :  1663. 


OF   THE    STATE    OF    MAINE.  267 

remitting  y"^  fines  imposed  on  such  to  y®  use  of  y*^  seuerall 
Tonnes,  y*^  Ltiwes  made  for  reclaimeing  such  inormitios  are 
become  ineffectuall.  Doe  therefore  Order  &  enact  y'  hence- 
forth all  fines  imposed  according  to  Lawe  for  prophanacon 
of  }•"  Sabboth  contempt  or  neglect  of  Gods  publicque 
AVorsh  reproacheing  of  y*^  Lawes  &  authoritie  here  estab- 
lished according  to  his  Ma""-"^  Charter,  shalbee  to  y^  use  of  y® 
seuerall  Counties  as  formerly  any  thing  in  y^  aboue  said 
Lawe  to  y"^  contrarie  notwithstanding  &  in  case  any  person 
or  persons  soe  sentenced  doe  necglect  or  refuse  to  pay  such 
tine  or  mulct  as  shalbee  legallie  imposed  on  them  or  giue 
securitie  in  Court  to  y^  Tresurer  for  payment  y*"  of,  euery 
such  person  or  persons  soe  refuseing  or  necglecting  to  sub- 
mitt  to  y°  Courts  sentence,  shall  for  such  his  contempt  bee 
corporoUie  punished,  according  as  y''  Court  y'  hath  Cogni- 
zance of  y*^  case  shall  determine,  &  where  any  are  Corpor- 
ally punished  theire  fines  shalbee  remitted 

By  y®  Court  Edward  Rawson  —  Secrety. 
For  the  Constable  of  Kittery 

who  is  hereby  required    in 

his  Maj'^"'*  name   to  pul)lish 

this    order    at    a     publick 

Toune  meeting  chere 

p  Edw  :  Kawson     Secrety/ 

Eyid :     A  copi/  of  an  Order    of  Court  gen 
held  at  Boston  Aug.  1°.  1GG5. 
to  the  Constables  of  Kittery/ 
No  6. 


V.    Champernowne  &c  :  to  the  King's  Comm'''  at  Boston/ 

Ilonoi'ab''^  ^''V/ 

From  what  W(!  do  undcr.slaiid   p  Cap'    IJicliard    'i'lmrslon, 
the  Jndcraligal)lc  pur^joses   of  our  Jnipei'ious   jS'eighbours  of 


268  DOCUMENTARY   HISTORY 

y®  Massatusetts,  are  still  kindleing  the  pursuance  of  y""  own 
resolued  designs,  &  as  we  Conceaue ;  as  near  as  may  be  the 
desolueing  of  his  Majestys  aiithority  settled  amongst  us,  a 
way  we  feare  as  remote  from  there  own  good  as  our  present 
peace  :  w*^^  the  rather  moueth  our  now  applycation  to  your 
Hono"  if  oportunity  serve  for  some  direction  ;  a  lyne  or 
two  to  o""  selues  from  yo''  Hono""^  would  be  very  acceptable, 
to  y"  people  ussfull  p  preventing  p''happs  of  there  sudain 
affrights  into  disorders/ 

We  are  Informed  that  a  generall  Court  order  hath  resolved 
some  of  our  lybertys  under  restrayt,  w''unto  we  can  not  be 
free,  unlesse  force  ouer  rule  us,  that  our  adversarys  should 
be  our  Judges/ 

We  hope  our  duty  to  God,  allegience  to  his  Majesty  shall 
eQ  Ingiige  our  best  Indeauo'"'*  faithfully  to  Mantaye  his  Maj- 
estys authority  amongst  us,  so  long  as  we  are  able,  as  now 
settled,  If  might  ouer  pouer  us.  We  must  be  content  to 
suffer,  till  his  Majestys  pleasure  &  authority  be  further  un- 
derstood. &  better  both  by  o""  Neighbo'"'  &  o''  selues/ 

Not  further  to  psume  at  psent  to  Intrench  upon  yo"^ 
patience,  not  forgetting  to  render  yo"^  Hoao"'  many  thankes 
for  yo""  care  &  paynes  amongst  us  soe  take  leaue  to  sub- 
scribe our  selues 

Yo'  Hono"  very  humble  servants, 

Fran  :  Champernowne. 
Edw  :  Rishworth. 
Edw  :    Johnson. 

Und :     To  the  right  Honor^^ 

Sir  Robert  Carr  K' 

^  Samuel,  Mauei'ieke  Esq'' 

his  Maf"^  CommP 
there  p'^sent./ 
At  Boston  or  else  where/ 
A  Letter  out  of  the  Eastern  parts 

from  Cap^  Champernoone,  ^  M''  Rushworth 

^c.  a  Utle  before 

S''  Robert  Carr  went  thither/  No.  9. 


OF    THE    STATE    OF    MAINE.  269 

Edw.  Eishworth  to  Sir  R.  Carr/ 

In  answer  to  your  Hono"  desire  to  me  by  William  El- 
lingham  I  have  this  morning  sent  away  the  Marshall  to  give 
notice  unto  M""  Joeeleyn,  jVP  Jordan,  &  the  rest  of  the  Gen- 
tlemen to  the  Eastward  of  the  magistrates  of  the  ]Massa- 
chusets  being  come  to  Strawberry  bank,  and  of  some  of 
their  actings  there,  with  my  desire  as  concerning  it,  not  dis- 
agreable  to  3'our  bono"  mind,  that  M""  Jocleyn,  &  some 
others  of  the  Officers  of  this  Province  should  with  all  pos- 
sible speed  give  you  a  meeting  at  Yorke,  where  some  suta- 
ble  iutertainment  might  be  provided  for  the  Massachusets 
Gentlemen.  If  I  have  missed  what  your  Hono''  intended,! 
am  sorry ;  It  was  for  want  of  better  understanding,  my 
ignorance  was  the  cause  of  ni}^  errour,  which  I  hope  in  your 
favourable  eye  will  be  the  more  excusable.  I  render  you 
many  thankes  for  your  dayly  care  of  us,  &  paines  amongst 
us ;  whereof  I  doubt  not  the  continuance,  till  the  issue  of 
these  vexatious  molestations  ;  of  which  we  shall  heare  more 
I  hope  from  your  Honour,  and  as  often  as  occasion  serveth. 
Not  further  to  trouble  your  Hono""  at  present,  I  take  leave 
to  subscribe  myselfe 

Your  hum])le  servant 

Edw  :  Rishworth. 
York  6"'  Octobe^  16G5/ 

Super  scribed,  or  endorsed 
To  the  right  Hons'*'''  S'  Robert  Carr  K"* 
one  of  his  ma""  comissioners  for  the 
atlaires  of  New  England.// 

End  :     Yorke.  6.  Oct  1GG5. 
M '  E.  Eushu'orth 
to  xS'--  li.  Carr/ 

Hath  advised  y'  Gentlemen  to  if 
Eastward.,  y'  f  MagiHtrates  of  the 
Massacusets  are  come  to  Strawhury 
Banhe.     ITopes  y'  continuance  of  his 
oversiyht,  till  these  Vexations  are 
ouer./  No.  10./ 


270  DOCUMENTARY   HISTOEr 

Sir  R.  Ciirr  to  Danforth  &c  :  Comm"/ 

Gentlemen/ 

Hearing  of  your  beeing  at  Strawbery-banke,  &  being 
informed  of  your  strict  cource  you  intend  against  those, 
that  have  supplicated  his  Ma*''^  for  their  freedom,  &  liberty; 
I  could  not  doe  less  then  in  his  Ma"***  name  require  you  to 
take  notice  of  this  inclosed,  \Yhich  is  a  true  copy  of  a  let- 
ter sent  to  Governour,  &  Councell  of  Boston  :  and  in  his 
Ma"***  name  I  do  again  desire,  &  require,  you  would  forbear 
troubling,  or  molesting  such  persone,  or  persons  in  Straw- 
berry-banke,  Dover,  or  Exiter,  as  hath  petitioned  his  Maj"^ 
until!  his  Ma"***  gracious  pleasure  be  further  kuowne.  This 
is  all  at  present  but  that  I  am. 

Gentlemen 

Your  Friend  &  Serv* 

R.  C: 

Dated  at  Kittery 

10"^  Octob  :  1665/ 

This  is  a  copy  of  y^  ire  S""  Rob'  Carr  sent 
to  M""  Danforth,  M""  Lusher  &  M-'Leverat 
Comissioners  of  the  Massachusets. 

Und  :     Kittery.  in  Neiv-England^ 

10    Oct.  1665./ 

/S'"'  Robert  Carr  writes  to  y^   CoraiivT 

of  the  3Iass :  not  to  molest  those 

in  Strawhury-hanke,  Dover.,   ^  Exeter., 

that  have  petition'' d  his  3Ia*"  for 

Lihertye.  sends  them  a  Copie  of 

y"-  Lre  to  y^  Governour,    (f    Councill 

of  Boston./ 
A  Copy  of  S''  R.    Carr  his  letter 

to  31''  Danforth,  31''  Lusher,  '^ 

if"   Lever  at/  Octo:  10°  1665./ 

No  11 


OF  THE  STATE  OF  MAINE.  271 

Order  from  the  Justices  of  the  Peace  of  the  Pro  :  of  Maine 
to  the  military  officers  there./ 

Order  from  y^  Justices  of  jSIaine/ 
To  the  military  officers  of  y''  province  of  Mayn, 
In  his  majestA's  name,  &  under  his  Immediate  authority  you 
are  required  on  sight  here  of  to  take  efi'ectuall  Care  that  y® 
Trayned  band  under  yo""  command  bee  ready  In  Compleat 
armes  at  the  first  Call  of  the  drum  :  fitted  with  all  necessary 
gvission  (if  Occasion  bee)  for  military  service,  to  Preserve 
his  Majestys  laws  &  peace  here  settled,  against  those  who 
under  any  Pretence  or  Colour  of  pouer  should  attempt  to 
act,  or  act  violence  against  any  of  his  Majestys  subjects  by 
takeing  or  attempting  to  take  away  any  of  their  p'sons, 
interests,  whither  of  Record'  or  Court  Kowles  app'"tayning 
to  this  Province,  And  wee  do  further  In  his  Majestys  name 
streightly  Charge  &  Command  you  according  to  yo''  utmost 
pouer  &  skill,  by  force  of  armes  to  subdue  app'"hend  or  take 
every  &  all  such  Person  or  Persons  who  shall  thus  presume 
or  attempt  to  do  or  Act,  contrary  to  his  jSIajestys  laws  here 
established,  &  keepe  them  In  safe  Custody  by  sufficient 
Gard  or  Imprysonment,  untill  further  order  be  taken  by 
authority,  Av''unto  this  shall  bee  your  sufficient  warrant,  the 
execution  w'of  fayle  you  not  as  you  will  answere  the  Con- 
trary at  yo""  perills. 

Given  under  our  hand**  this  22"'  of  August:  1G65. 
Henery  Jocleyn 
A  true  Cop[)y  of  this  order     Fran  :  Chimj^nowa       Just'  of 
transcribed     out    of    the     Edw :  Rishworth  the  pea  : 

originall  &  therewith  com-     Edw  :  Johnson/ 
pared  this  28  :  Oct :  05  : 

p  Edw  :  Rishworth  Re  :  Cor  : 

Und  :     A  Copjiy  of  the  Order  to  1/  Military  officers/ 
By  M   Jocelin^Cap^  Champernowne  <j-c.  22  Aug.  1GG5.J 


272  DOCUMENTARY   HISTORY 

Sir  R.  CaiT,  &  S.  Mavericke  to  Sec.  L^^  Arlingtou/ 

Sir, 

It  being  here  rumored  that  Col""  Cartwright  is  taken 
by  a  Dutch  privateer  hath  put  us  into  no  litle  confusion,  & 
rendered  us  uncapable  to  give  you  so  full  an  account  of  all 
our  transactions  in  these  parts,  as  we  had  done  by  him,  Ijy 
reason  (that  if  he  be  taken)  the  originall  papers  of  our 
transactions  in  these  parts,  are  we  feare  lost,  together  with 
many  material  1  Peticons  of  several  1  persons  to  his  Ma*'^  and 
to  our  selves ;  other  writeings  of  concernment,  and  the 
Maps  of  the  severall  Colonies.  Wee  have  made  use  of  all 
oppertunities  to  give  you  from  time  to  time  Accounts  of  our 
proceedings  :  but  fearing  miscarriage,  we  hereby  give  you 
the  trouble  of  perusing  the  inclosed  papers  ;  and  this  cursory 
recapitulation   of  what  is  in  our  present  possession. 

You  former!}^  had  account  given  of  what  was  done  in  the 
three  Southern  Colonies  :  and  (wee  hope  also  you  have  rec*^ 
one)  of  what  was  acted  with  the  Geu^"  court  of  the  Massa- 
chusets  in  Boston,  after  our  arrivall  m  these  parts,  till  May 
30"'  for  we  sent  you  it  by  Cap*  Harrison.  Wee  shall  send 
you  by  the  next  opportunity  the  copies  of  all  other  that  are 
wanting  of  our  transactions  with  them  ;  we  have  them  not 
here,  for  we  sent  them  to  New  :  Yorke  to  Col ;  Nicolls 

Here  inclosed,  amongst  others,  you  will  find  a  copy  of 
our  report  to  his  Ma"®  concerning  Duke  Hamiltons  patent ; 
Of  which  if  by  reason  of  Col :  Cartwrights  surprisall  you 
have  not  the  originall  you  may  please  to  acquaint  his  Ma"'' 

When  we  were  in  the  southern  parts  at  Warwick,  John 
Porter  presented  us  with  a  peticou  the  copy  whereof  is 
amongst  the  others  inclosed)  signifying  his  greivance ; 
where  upon  we  ordered  him  to  make  proof  of  his  complaints, 
&  gave  him  his  Ma"''^  protection,  till  his  cause  was  heard  by 
us  &c.  We  came  from  these  parts  to  Boston,  &  stay'd  there 
till  the  accustomed  time  of  their  gen""  Court  came  ;  at  which 


OF  THE  STATE  OF  MAINE.  273 

time  Col :  Xicolls  haply  came,  together  with  us  to  treat  w"^ 
them  concerning  the  conteints  of  his  Ma"®^  comission,  & 
privat  instructions  to  us  :  We  found  them  presumptious,  & 
refractory,  &  could  obtein  nothing  from  them,  that  might  be 
satisfactory  to  his  Ma"'^"  desires  :  and  their  answers  to  the 
instructions  of  his  Ma"*^  to  us  (of  w^hich  we  gave  them 
copies)  were  delaj'-tory,  &  impertinent :  Where  upon,  we  of 
necessity,  (as  a  Court  of  appealls)  sumoned  the  Governor, 
&  Company  to  answer  to  the  action  of  M'  Thorn  Dean,  & 
others  (according  to  his  Ma""  instructions)  in  the  case  of 
the  Ship  Charles  of  Olleroon ;  to  Avhich  they  not  onel}'  re- 
fused to  appear :  but  sent  to  us  this  inclosed  declaracon, 
upon  May  24"'  1665  by  eight  of  the  clocke  in  the  morning, 
an  hower  before  we  intended  to  have  sate  :  and  proclamed  it 
by  sound  of  Trumpet,  under  Col :  Cartwrights  chamber 
window,  he  being  then  lame  of  the  gout  at  Captain  Bree- 
dons,  where  we  intended  to  have  sit.  A  copy  of  our  an- 
swer, or  conclusion  with  them  you  will  see  annexed  to  the 
same  coppy  of  their  declaration. 

At  this  gen'''^  Court  June  2''  they  comissionated  M'  Si- 
monds,  &  INI""  Danforth  to  go  into  the  Eastern  parts,  &  to 
oppose  us  in  our  proceedings  in  what  we  were  injoyned  to 
act ;  as  you  will  see  by  the  inclosed  copy  of  their  Comission, 
a  copy  of  which  was  given  by  them  directed  to  S'  Rob' 
Carr,  Ave  being  in  those  parts,  when  they  came  to  put  it  in 
execution  ;  AVhere  being ;  a  letter  from  his  ma*'°  came  to 
our  hands  signifying  the  War  with  the  Dutch,  &  injoyning 
us  to  looke  after  the  fortification  of  these  parts  against  them, 
whereupon  we  sent  out  our  warrants  to  Portsmouth,  & 
other  places  in  those  Eastern  parts  to  that  end,  &  purpose  : 
The  Governor  &  Councell  at  Boston  havcing  notice  by  some 
one  of  their  intelligencers,  sent  to  the  Constable  of  Ports- 
mouth a  prohil)ition  of  the  peo[)les  meeting,  &to  us  a  letter, 
copies  whereof;  &  of  our  reply,  here  inclosed  you  will  lind  ; 
18 


274  DOCUMENTARY   HISTORY 

As  also  a  copy  of  their  warrant  to  summons  a  speciall  gen^" 
Court  thereupon  to  l)e  held  Aug.  l"'  Thus  far  was  sent  by 
CoP'  Cartwright  an  exact  account  of  all  proceedmgs  with 
the  Massachusets  &  the  other  Colonies,  as  you  may  please 
to  see  by  the  inclosed  copy  of  the  letter  we  sent  by  him  to 
your  Honour. 

Since  that  time,  be  pleased  S'  to  take  notice  that  at  the 
Gen""  Court  then  held,  a  warrant  was  sent  by  them  to  the 
Constable  of  Kittery  in  the  Province  of  Mayne,  a  copy  of 
which  you  have  herewith :  Wee  haveing  then  setled  the 
Eastern  parts  beyond  Passataquay  river  under  his  Ma"''^  im- 
mediat  government,  till  his  pleasure  was  further  knowne 
(by  reason,  as  you  will  find  hereby,  or  their  disquiet,  &  un- 
setled  condicon  otherwise)  the  Massathusets  (still  reteining 
their  wonted  opposition)  comissionated  M'"  Tho.  Danforth, 
M'^  Eliaz  :  Lusher,  &  M''  John  Leveret,  to  go  thither,  &  re- 
duce them  to  their  government :  The  inhabitants  there  hav- 
ing notice  thereof  sent  to  us  a  letter  (the  copy  whereof  you 
will  receive  hereby)  under  the  hands  of  Cap'  Champernown, 
M''  Rish worth,  &  M*'  Johnson,  signifying  their  fear  of  them 
&  desiring  our  direction  what  to  do  in  the  case  ;  Whereupon 
S'"  Rob'  Carr  went  thither,  waiting  till  they  should  come  to 
exercise  such  theire  Comission  ;  In  the  meantime  the  Gentl- 
men  in  the  Eastward  parts  made  preparacons  for  their  com- 
ming  as  the  copy  of  the  letter  herein  inclosed  from  M""  Rish- 
worth  will  give  you  to  understand.  These  Couiissioners 
came  as  far  as  Portsmouth  ;  and  S""  Rob*  Carr  being  then  at 
Kittery  hearing  thereof,  sent  them  a  letter  a  copy  whereof 
is  inclosed  :  yet  notwithstanding,  they  sent  their  peremptory 
summons,  dated  Octob :  10"'  to  one  Abraham  Corbett  to  ap- 
peare  at  their  next  gen'*"  Court,  which  fell  out  the  next  day 
being  11"'  of  Octo  :  last,  to  answer  to  a  contempt  (as  they 
please  to  all  it)  for  in  a  disorderly  manner  stirring  up  Sun- 
dry of  the  inhabitants  to  signe  a  peticon,  or  remonstrance 


I 


OF  THE  STATE  OF  MAINE.  275 

against  his  Ma''«*  authority  there  setled  &c  :  From  hence 
they  went  to  Dover  to  keep  Court.  The  Eastern  people 
where  informed,  they  would  come  in  an  hostile  manner ; 
and  therefor  met  at  Kittery,  to  have  opposed  them  if  they 
came  over  the  river,  which  was  supposed  one  cause  of  their 
speedy  returne  towards  Boston,  they  going  that  night  to 
Salisbury  being  22  miles  thence. 

This  being  all  for  the  present  that  we  can  informe  you  of ; 
We  desire  (if  it  have  pleased  God  that  Colonell  Cartwright 
have  escapt  with  his  life,  &  be  in  health)  Your  Hono'  will 
please  to  shew  him  this  account,  and  the  inclosed  papers, 
that  what  is  wanting,  he  calling  it  to  mind  may  give  you 
further  informacon  thereof. 

Before  this  could  be  dispatched,  the  Marshalls  of  Dover, 
&  Portsmouth  brought  M""  Corbett  hither  a  prisoner,  having 
apprehended  him  by  order  of  a  Warrant  to  them   directed 
from  the  Gen**"  Court  sitting  last  October :  and  carried  him 
before  the  Governo""  who  immediatly  committed  him  to  pri- 
son, there  to  continue  till  the  next  Gen""  Court :  unless  he 
procured  Baylee  &c  :  as  by  the  copies  inclosed  you  may  see. 
Severall  sufficient  Gentlemen  were  proposed  for  it,  and  by 
them  refused.     The  person  still  remains  confined :  and   we 
can  receive  no  satisfactory  answer,  for  present,  why.     Wee 
committ  it,  to  your  judgm'  what  to  thinke  of  the  matter,  & 
hope  you  will  signifie  it  to  his  Ma''®  remaining 
S' 
Your  humble  Servants 
Robert  Carr. 

Samuell  Mavericke. 

Boston.  Novemb^  20.  1G65. 


276  DOCIBIENTARY   HISTORY 

End  :     Boston,  in  New-England 

m.  Nov.  65.  —  R.  19  Jan. 

iS''  Robert  Carre  ^c. 

Comiss'''  in  N.  England. 

sent  an  Account  of  all   Transactions 

w^^  them,  by  Co'  Cartwriglit,  w^Hhe  mapps 

of  seuerall   Colonies.     Inclose  a   Copy  of  their 

report   to  his  Ma^"  eoncerneing  .  .  .  Hamilton's 

Patent. 
That  y'  G-overnour  of  Boston,  and  they  doe  clash. 

That  y"Massucusets  are  still  vnquiet. 

Pray  y*  Col.  Cartwright  may  see  the  Inclosed 

Papers  ;  ^  sujyply  what  he  finds  wanting./ 

To  yo''  honourable  Self./ 

November  20° :  1665./ 


H.  Jocelyn,    &  others,  Justices  of  the  Pro:  of  Maine,  to 
Col.  Nicolls/ 

Right  Hono"'^ 

The  dayly  frownes  of  our  displeased,  &  discontented 
Neighbours  of  the  Massachusets  upon  us,  &  our  present 
way  of  establishment,  as  appeareth  by  their  comminatory 
acts  formerly,  &  later  indeavours,  so  far  as  they  could  effect 
their  designes,  doth  occasion  some  to  feare,  others  to  hope 
for  a  chanoi:e  amono;st  us  ;  which  differing  considerations  are 
apt  to  divide  our  Judgments,  if  not  disunite  our  affections, 
whereby  the  hand  of  authority  comes  to  be  weakened,  our 
peace  interrupted,  &  good  order  the  more  neglected.  For 
the  better  countenanceing  whereof,  it  is  our  humble  request, 
that  your  Hono'  would  be  pleased  to  propose  our  desires 
unto  S"^  Robert  Carr,  whose  presence,  at  his  owne  conven- 
ience, in  the   Spring,  would  be  acceptable  to   us,   &,   w 


OF  THE  STATE  OF  MAINE.  277 

doubt  not,  very  effectuall  amongst  us,  for  the  more  steddy 
carrying  on  of  the  publique  affaires  of  this  Province; 
to  the  well  setling  of  our  peace  at  home,  &  discountenanc- 
ing of  molesters  abroad,  whose  cheifest  industry  will  be 
to  divide  us,  thereby  to  dissolve  us,  the  better  if  it  may  bo 
to  advantage  their  owne  interest  pretended ;  &  to  destroy 
ours  ;  which  by  this  meanes,  wee  hope,  may  bee  prevented  ; 
and  ourselves  further  ingaged  under  the  greater  obligations 
of  thankefulness  unto  yo'  Hono''  for  this  favour,  for  whose 
welfare  we  shall  ever  pray,  &  at  present  take  leave  to  Sub- 
scribe ourselves, 

Your  very  humble  Servants 

Henery  Jocleyn       Fran  :  Champernowne 
Edw  :  Rishworth     Francis  Hooke 
Edward  Johnson     Sam"  Wheelwright/ 
John  Wincoll/ 
Yorke,  in  the  Province  of 
Main  Novembr  :  22'^  1665  : 

£nd :     To  the  R  Hon^"   Col.  Richard  Nicolls  one  of 
his  ma''"'  Cumiss"  for  the  Affaires  of  iV.  England/ 
these  present  at  New  Yorke./ 


•    Justices  of  the  Pro  :  of  Maine  to  Sir  Rob  :  Carr/ 

Sir/ 

'Jlie  more  then  ordinary  testimony  of  your  friendly  af- 
fection unto  us  so  largely  evidenced,  &  influenced  by  one  of 
the  strongest  arguments  to  attest  the  reallity  thereof,  which 
is  by  the  knowledg  of  a  friend  in  the  day  of  adversity,  thus 
hath  your  Ilono''  1)een  knownc  to  us,  in  streights  for  our  se- 
curity :  ill  auswere  to  whose  love  upon  the  obligation  of  our 
thiuikcriiliiicss,  \vc  must  ever  remaiuo  your  perpetuall 
debt(;rs/ 


278  DOCUMENTARY  HISTORY 

At  present  we  have  litle  newes,  only  the  full  appearance 
of  the  people  in  respect  of  number  at  our  last  Court  gave 
us  sufficient  testimony  of  their  being  well  satisfied  with  their 
present  standing,  persons  of  all  parts  generally  appearing 
Casco  excepted.)  from  whence  came  not  one  person,  Neither 
hath  M'  Munjoy  accepted  his  Commission,  from  which  he  is 
now  excluded,  according  to  advise  given  by  yourself  in  that 
case. 

May  it  please  you'  Hono""  it  is  our  requests  so  far  as  it 
may  stand  with  your  conveniency  in  the  Spring,  for  your 
further  presence  whose  countenance  would  be  very  usefull 
to  us,  under  those  cloudes  of  difficulty,  we  must  expect  to 
meet  withall  from  our  opposers,  till  scattered  by  the  Supream 
&  over  ruling  hand  of  his  sacred  Majesty.  We  have  pre- 
sum'd  to  soUicit  Colonel  NicoUs  for  furtherance  of  your 
Hono'  herein,  wherein  if  there  be  a  mutuall  concurrance, 
your  favour  to  us  will  be  acceptable,  &  your  presence  bene- 
ficiall,  for  which  must  rest  the  more  deeply  ingaged  to  pray 
for  your  Honours  prosperity,  &  ever  remain  your  Humble 
Servants/ 

Henery  Jocelyn/      Fran  :  Champernowne/ 
Edw  :  Rishworth       Francis  Hooke 
Edward  Johnson       John  Wincoll 
Sam^^  Wheelwright/ 

Yorke  29  Novem15'  These  above  said  Gentlemen  are 

(1665)  Justices   of  the   Province    of 

Main,  and  this  a  copy  of  their 
letter  as  attests 

Sam :  Wheate/ 

[Note  —  on  back  of  Document] 

This  the  last  I  have  rec^ 
from  the  Province  of 
Main./ 


OF    THE    STATE    OF   MAINE.  279 


Endorsed     To  the  right  Sonorable  Sir 
Robert  Carr  /f "   one  of  his 
Ma}""  Commission^'  for  the 
affaires  of  New  England 
these  present  at 
Boston  or  else  ivhere.f 


Sir  Rob  :  Can-  to  [Sec.  Sir  W"^  Morrice] 

Sir/ 
Vpoii  the  report  of  Colonel  Cartwriglits  being  taken 
by  a  Dutch  Priv^ateer,  I  take  the  boldness  agaiue,  to  trouble 
you  with  a  short  account  of  what  as  concerning  my  owne 
business  I  wrote  to  you  more  largly,  by  him,  least  that 
should  not  come  to  your  hands.  W'^'*  was  besides  the  gen- 
erall  account,  which  with  the  other  Comissionees  I  had  given 
you,  I  gave  you  one  of  my  selfe,  to  this  purpose,  there  is  a 
tract  of  land  lying  from  Cowessit  South,  &  South  AYest,  to 
a  river  called  Sagatucket,  runing  into  the  Sea,  about  Point 
Judith  in  the  Narraganset  country  which  I  desire  to  setle 
upon.  You  know  the  Kings  promise  to  me  ;  and  his  com- 
mand thtit  I  should  acquaint  you  with  my  desire,  and  your 
token  was  that  I  should  put  you  in  mind  that  the  King 
spoke  to  you,  for  me  in  your  owne  house  at  a  private 
^Musicke.  That  litle  which  I  had  gotten  at  delaware,  &  for 
whicii  I  had  hazarded  my  life,  I  am  told  is  given  awa}'',  & 
one  is  now  come  to  take  possession  of  it ;  Wherefore  I 
humbly  pray  yo"  to  assist  my  sonne  that  I  may  have  this 
land  above  mentioned,  granted  to  me  by  Patent.  If  his 
Ma*''=  has  not  disposed  of  delaware,  &  if  he  please  to  keep 
it  ill  his  owne  hands,  it  will  make  a  very  convenient  place 
of  tradciiig  for  the  use  of  the  Kings  Province.  As  also  the 
Eastern  parts  ])eing  under  his  Ma"*^'  owne  Governm'  will  be 
very  bcneficiall    in  a  short  time,  in  regard  it  is  well  stored 


280  DOCUMENTARY    HISTORY 

with  the  best  Masts,  &  ship  timber  ;  which  otherwise  will  be 
destroyed ;  and  if  the  King  would  satistie  the  pretenders  to 
the  severall  small  Patents  therein,  some  other  wayes,  as  it 
is  the  only  desire  of  the  people  to  be  freed  from  them  and 
to  be  under  his  Ma*'*"'  imediate  Governm*  as  will  appear  by 
their  peticon  sent  by  Colonel  Cartwright.  Also  the  people 
in  the  Eastern  parts  were  very  desirous  that  I  should  be 
their  Governour,  and  would  have  altered  their  peticon  to 
the  King  but  Colonel  Cartwright  could  not  stay,  who  can 
give  you  a  further  acco'  then  I  can  by  writeing.  If  the 
King  will  take  these  provinces  under  his  owne  Governm*  I 
shall  serve  his  Ma''*  as  flilthfully  as  any  he  shall  set  over 
them  :  and  I  hope  you  will  acquaint  his  Ma"®  with  it,  and 
stand  my  friend  at  this  distance./ 

S'  After  we  from  hence  had  dispatched  a  letter  to  you  by 
Cap'  Thirston  dated  of  November  y®  20"'  last,  conteining 
many  copys  of  transactions  here  &c.  came  the  inclosed  copy 
of  the  peticon  of  Wells  Court  to  my  hands,  the  original! 
whereof,  as  I  remember,  was  sent  by  Colonel  Cartwright : 
Also  I  going  to  visit  M""  Corbet  in  the  prison  of  this  towne, 
about  his  Bailement,  was  presented  with  a  peticon  from  one 
Hoare,  the  which  is  here  inclosed.  So  that  by  this  you  may 
in  part  see  the  greivances  of  his  Ma"^^  subjects  here ;  If  it 
have  pleased  God  that  Colonel  Cartwright  did  arrive  safe, 
he  can  let  you  heare  of  more  of  the  like  nature ;  I  wish 
that  his  Ma"®  would  take  some  speedy  course  for  the  re- 
dresse  of  these  and  the  like  innormities,  and  for  the  suppres- 
sion, of  the  insolencies  of  these  persons  here./ 

Be  pleased  Sir,  to  be  a  friend  to  me  concerning  the  con- 
tents of  the  inclosed  to  Colonell  Cartwright,  which  I  have 
left  open  to  your  perusall ;  The  reason  is,  something  hath 
been  (as  I  am  informed)  maliciously  reported  concerning 
me,  which  hath  come  to  his  Ma'"'  hearing,  &  rendered  his 
Ma'"  displeased  with  me ;  the  which  I  doubt  not  but  to 
cleare  my  self  of,  and  thereupon  have  presumed  to  be  so 


OF   THE    STATE    OF   MAINE.  281 

far  bold,  &  troublesome  to  his  Ma''''  as  to  send  a  Ire  to  be 
presented  unto  him  about  it,  the  inclosed  is  a  copy  of  it.  If 
it  have  pleased  God  that  Colonel  Cartwright  be  taken,  & 
you  please  to  pardon  me  for  the  giving  you  the  trouble  of 
presenting  the  inclosed  (in  his  stead,)  to  his  Maj''''  you  will 
infinitly  ingage  me  in  through  performance  of  what  is  my 
duty,  &  service  to  his  Ma"°  and  by  some  reall  service  ac- 
knowledg  my  selfe. 

Sir 

Your  Honours 
Boston/  faithfull  Servant. 

Decembr :  5" 

1665./  Robert  Carr/ 


Although  in  the  letter  above  mentioned  sent  to  you  by 
Thirston,  I,  with,  M''  Mavericke  gave  you  a  particular  ac- 
count of  what  "svas  acted  by  us  since  the  time  of  the  Massa- 
chusets  Gen^"  Courts  proclamation  by  sound  of  Trumpet, 
to  that  present  time  ;  by  sending  you  there  inclosed  the 
several!  copies  of  materiall  concerns,  —  Notwithstanding  I 
thought  it  not  amiss  to  send  you  here  inclosed  the  original} 
letters  from  some  of  the  Gentlemen  in  the  Eastern  partsi 
togeathor  with  one  that  came  to  my  hands  since  We  sent 
the  afore  mentioned  letter,  That  you  may  see  in  part  Avhat 
we  more  fully  therein  mentioned  concerning  the  precipitate 
actions  of  the  Gentlemen  of  the  Bay  of  the  Massachusets 
government.  I  shall  need  say  no  more,  in  this  post  script, 
at  present,  then  I  have  said  above,  but  that  I  am 
Your  Honours 

faithfull  Servant. 


Robert  Carr/ 


Und  :     >S"-  Ro  :  Carr 
Boaton 

iJecemher  5: 


282  DOCUMENTARY   HISTORY 

Sir  Rob'  CaiT  to  Col.  Cartwright./ 

Sir. 

I  hope  this  may  kiss  your  hands,  That  if  misfortune  have 
soe  far  chanced,  that  you  were  taken,  by  a  dutch  Privateer, 
as  is  here  reported ;  and  so  the  severall  writeings  be  lost ; 
It  may  give  you  a  partiall  account  of  what  you  had  as  to 
my  particular  concernes.  (For  other  things  of  his  Ma""  con- 
cernment, copies  of  which  some  were  left  in  my  hands,  I 
referr  you  to  S""  Henry  Bennet's  letter,  and  papers  herein 
sent  by  Thirston  the  other  day,  from  us.)  The  particulars 
here-inclosed  are.  My  peticon  to  his  Ma''®  and  letter  to  him. 

I  comitt  myselfe  to  your  discretion  in  acting  what  thereon 
you  conceive  meet,  not  doubting  of  your  willing  perfor- 
mance. With  my  reall  acknowledgments,  &  thankefullness 
for  your  former  favours,  I  rest, 

S' 

Your  reall  friend 
Boston 

Decemb.  5°  Eobert  Carr/ 

1665. 

Und  :     For  the  Hono^'' 

Colonel  George  Cartwright/ 
Boston  in  Neio-England 

Dec.  5.  65/ 

S^  Robert  Carr / 

sends  to  Col.   Carttvright 

Duplicates  of  those  Papers  iv"^ 

y^  Dutch  Caper  tooke  from  Him./ 


OF   THE    STATE    OF   MAINE.  283 

Petition  of  Sir  Robert  Carr  to  the  King./ 
To  the  Kinsfs  most  Exellent  Ma"  : 


'O"^ 


The  humble  peticon  of  S'  Robert  Carr  Kn*. 
Sheweth 

That  your  Ma*^*^  was  graciously  pleased  to  promise  your 
Peticoner  at  his  going  for  New :  England,  that  something 
there,  should  be  granted  him  for  his  advantage,  by  yo' 
^Nla"''  for  his  service  :  and  that  your  Ma"*"  commanded  your 
Peticoner  to  acquaint  S'  Henry  Bennet,  with  his  desire  : 
and  also,  that,  that  litle  which  your  Ma*'*'  Peticoner,  had 
gotten  at  Delaware,  with  the  hazard  of  his  life,  is  given  to 
another,  &  y*  one  is  come  over  to  take  possession  of  it. 

Wherfore  your  Ma"*''  peticoner  humbly  de- 
sires that  he  may  have  that  tract  of  land 
in  the  Kings  Province  lying  from  Cowes- 
set,  South  and  South-west  to  a  river 
called  Sagatucket,  ruuing  into  the  Sea 
about  point  Judith  granted  to  him  by 
Patent  from  your  sacred  Ma"*/ 
As  also,  that  if  your  Ma"*  please  to  keep 
either  the  Kings  Province  or  the  Province 
of  Mayne,  or  that  which  M'  Mason  lays 
claime  unto,  under  your  owne  Royall 
Governm'  Your  Ma"*'  peticoner  may  be 
intrusted  with  the  Governm'  of  one  of 
them  ;  who  shall  wholly  lay  himselfe  out, 
for  your  Ma"*'  service ;  and  shall  ever 
pray  for  encrease  of  Honour,  to  your 
Ma"*,  &  ages  to  enjoy  it. 


Robert  Carr/ 


JEnd  :     The  Peticon  of  S'  R  :  Carr 
of  New-Enyland,  in  G5. 


284  DOCUMENTARY   HISTORY 

Conecticutt./ 

The  Colony  of  Connecticot  returued  their  humble  thankes 
to  his  Ma*'**  for  his  gracious  Letters,  and  for  sending  Com- 
missioners to  them,  and  made  great  promises  of  their  Loyalty 
and  obedience 

And  they  did  submitt  to  haue  appeales  made  to  his  Ma*'** 
Commissioners,  who  did  heare  and  determine  some  differ- 
ences amongst  them 

All  formes  of  Justice  passe  only  in  his  Ma*'*^^  name  They 
admitt  all  that  desire  it,  to  be  free  of  their  Corporation. 

They  will  not  hinder  any  from  enjoying  the  Sacraments 
and  using  the  common  Prayer  Booke  provided  that  they 
hinder  not  the  maintenance  of  the  Publick  Minister 

They  will  amend  any  thing  that  hath  been  done  deroga- 
tory to  his  iMa'""*  Honour  (if  there  be  any  such  thing)  as 
soone  as  they  shall  come  to  y*  knowledge  of  it/ 

The  Bounds  betwixt  the  Dukes  Province  and  Connecticot 
were  mistaken  by  wrong  Information,  for  it  was  not  intend- 
ed they  should  come  nearer  to  Hudsons  River  then  20  miles, 
Yet  the  line  was  sett  doune  by  the  Commissioners  to  goe 
from  such  a  Point  Nor-nor-west  whereas  it  ought  to  goe 
just  North,  otherwise  the  line  wall  goe    into  Hudsons  River. 

They  haue  nothing  to  say  against  Duke  Hamiltons  Pat- 
tent,  But  that  their  Writings  were  burnt,  and  that  they 
bought  that  Land  of  the  Lords  Sey  and  Brooke,  and  others, 
and  that  his  ]NLi"'  hath  confirmed  it  unto  them  and  that  they 
never  knew  that  the  late  Marquesse  Hamilton  had  a  graunt 
of  it,  for  he  never  sent  any  to  take  possession  of  it,  or  to 
inhabite  upon  it. 

Their  Easterne  bounds  are  determined  to  be  a  Line 
drawne  Westward  from  the  midst  of  the  ford  in  Pawcatuck 
River  neare  to  Shawes  house,  their  Northerne  bounds,  is  the 
South  line  of  the  Matachusets,  which  as  they  complaine  is 
stretcht  much  too  Southerly  [This  Colony  hath  many  good 
Rivers  and  Harbours,  many  touues  but  scattering  ones,  not 


OF  THE  STATE  OF  MAINE.  285 

worthy  of  their  names]  and  a  Schohir  to  their  Minister  in 
every  tonne  or  Village,  but  no  places  fortify ed  except  Sey- 
brooke  fort,  which  is  much  gone  to  decay,  and  here  for  the 
most  part  they  are  rigid  Presbiterians./ 

Roade  Island./     , 

The  Colony  of  Roade  Island,  and  Providence  Plantations 
returned  their  humble  thankes  to  his  Ma''*  for  sending  Com- 
missioners, and  made  great  demonstrations  of  their  loyalty 
and  obedience 

They  approved  as  most  reasonable  that  Appeales  should 
be  made  to  his  Ma''**  Commissioners,  who  having  heard,  and 
determined  some  causes  among  them,  referred  other  some  in 
Civility  to  their  general  1  Court,  and  some  to  the  Governour 
and  others,  some  of  which  causes  they  againe  remitted  to 
the  Commissioners  to  be  determined 

All  proceedings  in  justice  are  in  his  Ma''*^  name. 

They  admitt  all  to  1)e  freemen  who  desire  it. 

They  allow  Liberty  of  Conscience  and  Worship  to  all 
who  Hue  Civilly. 

And  if  any  can  informe  them  of  any  thing  in  their  Lawes 
or  Practise,  derogatory  to  his  Ma''**  honour,  they  will  amend 
it. 

The  Marquisse  of  Hamiltons  Pattent  takes  in  all  Roade 
Island  Colonies,  and  about  halfe  of  Connecticot. 

The  Xunhygansetts  Sachims  did  in  the  yeare  1644  by 
writing  surrender  themselues,  their  people  and  Country  into 
the  late  Kings  Protection,  Two  of  which  Sachims,  now  liv- 
ing did  actually  in  their  owne  persons  surrender  themselues, 
Poei)lc,  and  Country  into  his  Royall  Ma"*'*  Protection,  be- 
fore his  Commissioners,  and  delivered  to  them  —  that  very 
deed  made  in  1644  which  h:id  ])cen  carefully  kept  by  M"" 
Gorton  c^*^ 

Whereupon  the  Commissioners  According  to  their  Instruc- 
tions, cntrcd  upon  the  Country  in  his  Ma"°»  name,  and  haue 


286  DOCUMENT AEY  HISTORY 

named  it  the  Kings  Province,  haue  taken  the  natiues  into 
his  Ma"''^  Protection ,  and  haue  appointed  Justices  of  the 
Peace  to  governe  it,  untill  his  Ma"®^  pleasure  be  further 
knowne,  for  this  Nanhygansett  Country  is  almost  all  the 
Land  belonging  to  this  Colony  which  cannot  subsist  without 
it,  and  therefore  the  Commissioners  ordered  that  the  Magis- 
trates for  the  Colony  should  be  Justices  of  the  Peace  for  the 
kings  Province,  that  no  difference  may  rise  betwixt  the 
Officers/ 

The  Sachims  did  thankfully  receiue  two  Coates  presented 
to  them  in  his  Ma*'^^  name ;  in  acknowledgem*  of  their  Sub- 
jection, they  are  to  pay  yearly  upon  the  29*^  of  May  tAvo 
Wolfe  skinnes  to  his  ma""^,  and  did  now  send  two  Capps  of 
Peag  and  two  Clubbs  inlayed  with  Peag  for  a  present  to  the 
King,  and  a  feather  Mantle,  and  a  Porcupine  Bagg,  for  a 
present  to  the  Queene,  which  were  all  taken  by  the  Dutch/ 

One  of  these  Princes  (named  Pessicus)  desired  the  Com- 
miss'"'  to  pray  King  Charles  that  no  strong  Liquors  might  be 
brought  into  that  Country,  for  he  had  had  32  men  that  dyed 
by  drinking  of  it/ 

These  Indian  Princes  gaue  a  long  Petition  to  the  Com- 
miss""^  complayning  of  many  Acts  of  violence  and  injustice 
which  the  Mattachusetts  had  done  to  them,  amongst  others 
they  had  first  caused  them  to  be  fined,  then  tooke  their 
whole  Country  in  Mortgage  (according  to  the  Remonstrance 
sent  to  his  Ma*'*)  and  would  haue  inveigled  them  out  of  it, 
But  there  could  be  no  redresse,  he  Matachusets  refusing  to 
let  y°  Commiss"  haue  the  hearing  of  Appeales/ 

Their  Westerne  bounds  are  determined  with  Connecticot 
their  Northerne  bounds  must  be  the  Matachusets  Southerne 
Line,  wherever  it  falls  which  they  complaine  to  be  too 
Southerly/ 

Their  Easterne  bounds  betwixt  them  and  New  Plymouth 
could  not  be  determined  by  consent  of  both  parties  (Roade 


OF   THE    STATE    OF   MAINE.  287 

Island  claymiDg  a  thread  of  Land  3  Miles  broad  all  the 
Length  of  the  Mayne  Land  \ying  next  to  the  Nanhygansett 
Ba}',  which  without  great  prejudice  they  of  New  Plymouth 
could  not  part  with)  w^hereupon  the  Commiss'^  appointed 
the  Water,  the  naturall  Bounds  of  each  Colony,  to  be  their 
present  bounds,  until!  his  Ma"®^  pleasure  be  further  knowne/ 

M""  William  Brereton  Deputy  Governour  of  Road  Island 
having  bought  a  farme  upon  that  thread  of  land,  which  he 
hoped  would  belong  to  that  Colony,  humbly  desires  his 
Ma^'"  that  he  may  continue  to  posesse  that  farme,  though  it 
fall  within  the  Limits  of  New  Plymouth/ 

And  D""  Alcock  a  Physitian  having  bought  block  Island  for 
400'  of  some  of  Boston  (who  tooke  upon  them  Power  (never 
graunted  them)  to  sell  it)  and  having  been  at  great  Charges 
in  Planting  of  it,  desires  his  Ma"^  that  he  may  not  be  dis- 
posessed  of  it,  he  submitting  to  the  Governm*  of  Roade 
Island,  both  these  Petitions  to  his  Ma"''  are  lost./ 

This  Colony  (which  now  admitts  all  Religions,  eueu 
Quakers  and  Generallists)  was  begun  by  such  as  the  Matta- 
chusetts  would  not  sutler  to  liue  among  them,  and  is  gener- 
ally hated  by  the  other  Colonies,  who  endeavoured  severall 
wayes  to  suppresse  them,  They  maintained  other  Indians 
against  the  Nanhygansett  Indians/ 

The  Commissioners  of  the  united  Colonies  disposed  of  a 
great  part  of  this  Country,  pretending  they  had  conquered 
it  from  the  Pequid  Indians,  But  evidence  being  made  that 
the  Nanhygansett  had  conquered  it  before  the  English  began 
their  Warre,  and  that  the  right  was  in  him  who  sold  it  to 
the  Roiid  Islanders,  and  his  Ma"'^''  Commiss'^  not  thinking  it 
justifyal^le  for  any  Colony  to  dispose  of  Land  without  their 
owne  Limitts,  determined  it  for  the  Roade  Islanders/ 

The  Matachusetts  did  maintaine  Punhara  (a  pretty  Sachem 
in  this  Province)  20  yeares  against  this  Colony,  and  liis 
cheifc  Sachini,  and  did  by  armed  Souldicrs  beseige,  and  take 


288  DOCUIMENTARY   HISTORY 

Prisoners  M'  Gorton  Howden  Wyhes  Greene  and  others  in 
this  Province  and  carryed  them  to  Boston,  put  them  in 
chaines,  and  tooke  80  head  of  Cattle  from  them  for  all  which 
they  could  never  yet  get  satisfactio/ 

This  Colony  could  never  be  acknowledged  for  a  Colony, 
till  his  Ma'^'*'^  Charter  was  published,  though  in  the  yeare 
1643  they  sent  over  some  into  England  to  procure  the  Kings 
Charter  then,  but  finding  that  unnaturall  War  begun,  and 
the  King  gone  from  London,  they  tooke  a  Charter  from  the 
Lords  and  Commons,  which  was  more  then  Newhaven  did 
pretend  to,  and  more  then  Connecticot  could  shew,.  Yet  these 
two  were  admitted  Colonies  in  their  great  Combination  and 
Eoad  Island  slighted/ 

The  Nanhj'gansett  Bay  is  the  largest  and  safest  Port  in 
New  England,  nearest  the  Sea,  and  fittest  for  trade. 

This  Colony  hath  two  scattered  tonnes  upon  Road  Island 
two  upon  the  Maine  Land,  and  four  small  Villages/ 

Here  only  yet  is  Limestone  found,  and  here  only  the  Gov- 
ernour  and  Magistrates  serue  the  Publick  at  their  owne 
Charges.  In  this  Colony  is  the  greatest  number  of  Indians 
yet  they  never  had  any  thing  allowed  towards  the  civilizing 
and  Converting  of  the  Indians.  And  in  this  Colony  they 
haue  the  greatest  Plaines,  but  no  Place  of  strength  fortifyed, 
though  many  places  capable  of  fortification/ 

In  this  Province  also  is  the  best  English  Grasse,  and  most 
sheepe,  the  ground  very  fruitfull.  Ewes  being  ordinarily  two 
Lambes,  Corne  yeilds  80  for  one,  and  in  some  places,  they 
haue  had  Corne  26  yeares  togeather  without  manuring/ 

In  this  Province  only  they  haue  not  any  Places  set  apart 
for  the  Worshipp  of  God,  there  being  so  many  subdivided 
Sects  they  cannot  agree  to  meet  togeather  in  one  place,  but 
according  to  their  severall  Judgements  they  sometimes  as- 
sociate in  one  house,  sometimes  in  another/ 


OF  THE  STATE  OF  MAINE.  289 

New  Plymouth/ 

The  Colony  of  New  Plymouth  returned  their  humble 
thankes  to  his  Ma"''  for  sending  Commissioners  and  made 
great  promises  of  their  Loyalt}'  and  obedience 

They  did  submitt  to  haue  Appeales  made  to  the  Connn'^ 
■who  here  had  but  one  Complaint  made  to  them,  which  was 
that  the  Governour  would  not  lett  a  man  enjoy  a  farme  of  4 
jMiles  Square  which  he  had  bought  of  an  Indian.  The  Com- 
plainant soon  submitted  to  the  Governour,  when  he  under- 
stood the  unreasonablenesse  of  it/ 

All  formes  of  Justice  are  in  his  Ma*'^'  name  They  are  here 
constrained  to  perswade  men,  sometimes  to  compell  them  to 
be  free  men,  so  farre  they  are  from  hindring  any/ 

They  will  not  hinder  any  from  enjoying  the  Sacraments 
and  using  any  forme  of  Worship,  that  is  not  against  Chris- 
tianity, provided  that  they  alwaies  contribute  to  y°  main- 
tenance of  the  Public]  ue  Minister,  and  will  amend  any  thing 
that  may  be  Derogatory  to  his  Ma*'*^^  honour 

This  Colony  is  seated  on  a  neck  of  Land,  the  barrenest 
part  of  the  Country,  They  were  the  first  Planters  in  New- 
England,  though  the  Matachusets  got  the  first  Charter,  and 
since  hath  much  streightened  this  Province,  by  stretching 
their  Line  too  much  Westward 

They  shewed  their  Charter  and  gaue  a  Coppy  of  it  to  y® 
Connnissioners,  and  told  them,  they  were  so  poore,  they 
could  not  renew  it,  whereupon  the  Connnissioners  tooke 
occasion  to  offer  to  get  their  Charter  renewed  and  delivered 
to  thein  at  the  Commiss"''*  owne  charges,  if  for  a  further 
demonstration  of  their  Loyalty,  they  would  lot  his  Ma"'" 
choose  one  of  three  whose  names  themselues  should  send  to 
the  King,  to  l)e  their  Governour,  and  this  to  be  done  every 
three  yeares  or  every  fiue  yearcs  which  they  thought  best. 
The  Connniss"  thought  if  this  had  succeeded  well  in  this  the 
first  Colony  they  had  visited,  it  might  have  been  a  good 
Example  to  the  rest. 
PJ 


290  DOCU3IENTARY    HISTORY 

But  after  the  Generall  Assembly  had  considered  of  it 
with  many  thankes  to  the  Commissioners,  and  great  Protes- 
tations of  their  Loyalty  to  the  King,  they  chose  to  be  as 
they  are. 

They  haue  al)Out  12  small  Tonnes,  one  Sawmill  for  Boards, 
One  Bloomery  for  Iron,  neither  good  River  nor  good  Har- 
bour, nor  any  place  of  Sti'ength 

They  are  so  poore,  that  they  are  not  able  to  maintaine 
Scholars  for  their  Ministers,  but  are  necessitated  to  make 
use  of  a  gifted  Brother  in  some  Places/ 


Report  of  His  Ma'"'''  Commiss'"'  concerning  the 
Massachusetts/ 

The  Colony  of  y*"  Massachusets  was  the  last,  and  hard- 
lyest  perswaded  to  use  his  Ma''*"*  name  in  their  Forms  of 
Justice. 

In  this  Colony,  at  the  first  coming  over  of  y*'  Comissioiiers, 
were  many  untruths  raised,  &  sent  into  other  Colonies,  As 
that  y"*  King  had  sent  to  raise  5000"  yearly  for  his  ma'''^*  use 
&c.  whereupon  major  Hathorne  made  a  Seditious  Speech  at 
the  head  of  his  Company,  And  the  late  Governour  another 
at  their  Meeting-House  in  Boston,  but  neither  of  them  were 
(so  much  as)  questioned  for  it,  by  any  of  their  magistrates. 

The  Cofniss'''  visited  all  other  Colonies  before  this,  hope- 
ing  both,  that  y®  Submission  &  condescention  of  y^  other 
Colonies  to  his  Ma*'''^  desires  would  have  al^ated  the  refrac- 
toriness of  this  Colony,  Avhich  they  nmch  feared,  And  that 
y®  Assistance  of  Colonell  Nicholls  (whom  they  expected) 
would  have  prevailed  much ;  But  neither  Examples,  nor 
Reasons  could  prevaile  with  them  to  let  y^  Comiss""'  hear  & 
determine  so  much  as  those  particular  causes  (M'"  Deane's, 
&  y'^  Indian  Sachims)  which  y''  King  had  Comanded  them  to 


OF    THE    STATE    OF    MAINE.  291 

tfike  care  of,  &  to  do  Justice  in,  &  though  y'^  Comiss''^  (who 
never  desired  that  they  should  appear  as  Delinquents  but  as 
Defendants,  either  by  themselves,  or  by  their  Attorneys) 
assured  them,  that  if  they  had  been  unjustly  complayned  of 
to  his  Ma'"'',  their  false  accusers  should  be  seveerly  punished, 
&  their  just  dealing  made  knowne  to  his  Ma"'',  &  to  all  the 
World  ;  yet  they  proclaymed  by  sound  of  Trumpet,  y'  y** 
Gcnerall  Court  was  the  Supreamest  Judicatory  in  that 
Province,  That  y*  Comis'^  pretending  to  hear  appeales  was  a 
breach  of  their  Priviledges,  granted  them  by  the  Kings 
Royall  Father,  and  confirm'd  to  them  by  his  Ma"^^  owne 
Letter,  &  that  they  could  not  permit  it.  By  which  they 
have  for  the  present  silenc't  about  thirty  Petions,  which 
desired  Justice  against  them,  &  were  all  lost  at  Sea. 

To  elude  his  Ma"*^  desire  of  their  admitting  men  civill,  & 
of  competent  Estates  to  be  Free-men,  they  have  made  an 
Act,  whereby,  he  that  is  24  years  old,  a  Hous-keeper,  & 
brings  one  Certificate  of  his  civill  life,  another  of  his  being 
orthodox  in  matters  of  Faith,  &  a  third  of  his  pacing  teii 
shillings,  (besides  head-money)  at  a  single  rate,  may  then 
have  liberty  to  make  his  desire  known  to  y*  Court,  &  it 
shall  be  put  to  y*  Vote. 

The  CoiTiiss'"^  examin'd  many  Townshipps,  &  found  that 
scarce  three  in  a  hundred  pay  10'  at  a  single  rate ;  Yet  if 
this  rate  was  generall  it  would  be  just ;  but  he  y*  is  a 
Church-Menil)er,  though  he  be  a  Servant,  and  pay  not  2"^ 
may  be  a  Freeman. 

They  will  not  admit  an}'  who  is  not  a  Member  of  their 
Church,  to  y*'  Comunion  ;  nor  their  Children  to  Baptisme, 
yet  th(!y  will  marry  their  Children  to  those  whom  they  will 
not  admitt  to  Ijaptisme,  if  they  l»e  rich  ;  Thc}^  did  imprison 
&  barbarously  use  M""  Jourdain  for  Baptizing  Children,  as 
himself  cgmijlaiu'd  in  his  Petition  to  y"  Comiss",  Those 
whom  they  will  not  admit  to  y"  Comunion,  they  compcll  to 
come  to  their  sermons,  by  forcing  from  them  five  shillings 


292  DOCUMENTARY   HISTORY 

for  every  neglect,  Yet  these  inea  thought  their  own  paying 
of  one  shilling  for  not  coming  to  prayers  in  England  was  an 
insupportable  Tyranny. 

They  have  put  many  Quakers  to  death,  of  other  Provinces 
(for  which  also  they  are  Petion'd  against)  First,  they 
banish'd  them  as  Quakers  upon  pain  of  Death,  &  then  exe- 
cuted them  for  returning ;  They  have  beaten  some  to  Jelly, 
&  been  (other  wayes)  exceedingly  crull  to  others  ;  &  they 
say,  the  King  allowes  it  in  his  Letters  to  them.  Indeed 
they  have  misconstrued  all  the  Kings  Letters  to  their  own 
sence.  They  yet  pray  constantly  for  their  Persecuted 
Brethren  in  England. 

They  have  many  things  in  their  Lawes  derogatory  to  his 
Ma"^^  honour ;  of  which  y^  Coui'"^  made  a  Breviat,  and 
desired  that  they  might  be  altered,  but  they  have  yet  done 
nothing  in  it.  Amongst  others,  who  ever  keeps  Christmas 
day  is  to  pay  five  pounds. 

They  caused  at  length  a  Mapp  of  their  Territories  to  be 
made,  but  it  was  made  in  a  Chamber  by  direction  and  Guess  ; 
In  it  they  claime  Fort  Albany,  and  beyond  it  all  the  Lands 
to  the  South  sea.  By  their  South  Line  they  intrench  upon 
the  Colonies  of  New  Plymouth,  Rode  Island,  &  Conecticot ; 
And  on  the  East  they  have  usurped  Capt :  Mason's  &  S"" 
Ferdinando  Gorges  Patents,  &  said,  that  y"  Comiss'"'  had 
nothing  to  doe  betwixt  them  &  M""  Gorge,  because  his  Ma"^ 
camanded  them,  either  to  deliver  possession  to  M*"  Gorge,  or 
to  give  his  Ma"°  reasons  why  they  did  not. 

The  Comiss''*  being  at  Piscataquay  when  they  received  his 
Ma"^*  Letter,  which  Coinanded  them  to  see  the  Harbours 
Fortified  &c,  sent  their  Warrants  to  fower  Towns,  upon 
that  River,  requiring  them  to  meet  at  such  a  time  &  place, 
to  hear  his  Ma"*^  Letter  read ;  one  of  these  Warrrnts,  was 
sent  Post  to  Boston;  from  whence,  two  Marshalls  are  sent 
by  the  Governor  and  Councell,  with  another  Warrant  to 
forbid  the  Townes  either  to  meet,  or  to  do  any  thing  Com- 


OF   THE    STATE    OF   MAINE.  293 

anded  them  by  the  Com"^  at  their  utmost  perills  ;  and  with- 
all  sent  an  unbeseeming  Letter  to  y"^  Comiss'^  both  w°^  Letter 
&  "Warrant  were  lost  at  Sea. 

Colouell  AYhalley  &  Goif  were  entertained  by  the  Magis- 
trates with  great  solemnity,  &  feasted  in  every  place,  after 
they  were  told  that  the}^  were  Tray  tors,  and  ought  to  be 
apprehended.  They  made  their  abode  at  Cambridge  untill 
they  were  furuish't  with  Horses  &  a  Guide,  &  sent  away  to 
Newhaven  for  their  more  security.  Captain  Daniel  Gooking 
is  reported  to  have  brought  over,  &  to  manage  their  Estates  ; 
&  the  Comiss'"^  being  informed  that  he  had  many  Cattle  at 
his  Farme  in  y^  Kings  Province,  which  were  suspected  to  be 
AVhalleys,  or  Goffs,  caused  them  to  be  seized  for  his  Ma"*^^ 
use,  till  further  Order ;  But  Cap*  Gooking  standing  upon 
the  priviledge  of  their  Charter,  &  refusing  to  answer  before 
y*'  Coiiiiss'"^  as  so,  there  was  no  more  done  in  it.  Captain 
Pierce,  who  transported  Whalley  &.  Goff  into  New-England 
may  probably  say  something  to  their  Estate. 

They  of  this  Colony  saj'',  that  King  Charles  y^  first  gave 
them  power  to  make  Lawes,  &  to  execute  them,  &  granted 
them  a  Charter  as  a  Warrant  againt  himself,  &  his  Success- 
ors ;  and  that,  so  long  as  they  pay  the  fift  part  of  all  Gold 
and  Silver  Oar  which  they  shall  get,  they  are  free  to  use 
their  priviledges  granted  them,  &  that  they  are  not  obliged 
to  the  King,  but  by  civility.  They  hope,  by  Writing  to 
tire  the  King,  the  Lo  :  Chancellor,  &  y®  Secretaries  too ; 
Seven  yeares  they  can  easily  spin  out  by  writing ;  &  before 
that  time  a  change  may  come.  Nay,  some  have  dared  to 
sa}',  who  knowes  what  y"  event  of  this  Dutch  Warr  may  be. 

This  Colony  furnished  Cromwell  with  many  Instruments 
out  of  their  C()r})oration,  &  their  Colledge,  And  those  y' 
have  retreated  thither  since  his  Ma"''*  happy  returne,  are 
much  respected,  &  many  advanced  to  be  Magistrates.  They 
did  Solicit  Cromwell  1)y  one  ^V  Wensloe  to  be  declared  a 
Free  State,  and  many  times  in  their  Lawes  stile  themselves 


294  D0CU3IENTA11Y   HISTOEY 

this  State,  this  CoiTion-wealth,  &  now  beleive  themselves  to 
be  so. 

They  demand  what  Taxes  they  pleased,  but  their  Ac- 
compts  could  never  yet  be  seen.  Some  few  Soldiers  they 
keep  at  their  Castle.  The  Governor  hath  a  hund  :  pound 
yearly,  every  magistrate  30"  &c./ 

They  convert  Indians  by  hiring  them  to  come  &,  heare 
Sermons ;  by  teaching  them  not  to  obey  their  Heathen 
Sachims,  &  by  appointing  Rulers  amongst  them  over  tenns, 
twenties,  fifties  &c.  The  lives,  Manners,  &  habits  of  those, 
whom  they  say  are  converted,  cannot  be  distinguished  from 
those  wt|o  are  not,  except  it  be  by  being  hyred  to  heare 
Sermons,  which  the  more  generous  natives  scorne. 

This  Colony,  which  hath  engroosed  the  whole  Trade  of 
New-England,  &  is  therefore  the  richest :  hath  many  Towns, 
but  not  one  regularly  built  within  its  Just  Limits,  w"*"  y** 
Comiss'^  find  to  be  Seconnet  Brook  on  y^  South  West  &. 
Merimack  River  on  the  North-East,  &  two  right  Lines 
drawne  from  each  of  those  two  places,  till  they  come  within 
twenty  miles  of  Hudsons  River ;  for,  that  River  is  already 
planted,  &  given  to  his  Royall  Highness.  Boston  is  y^ 
cheif  Towne  in  it,  seated  upon  a  Peninsule,  in  the  bottom  of 
a  Bay,  which  is  a  good  Harbour,  and  full  of  Fish  ;  it  was 
fortified  this  yeare  1605  with  two  Blockhouses ;  The}^  had 
before  a  Castle  upon  an  Island  in  the  roade,  where  shipps 
must  pass,  about  five  or  six  miles  from  the  Towne  ;  Their 
houses  are  generally  Woodden,  their  Streets  crooked,  with 
little  decency,  &  no  uniformity,  &  there  neither  dayes, 
months,  seasons  of  the  yeare.  Churches,  nor  Inns  are  known 
by  their  English  Names.  At  Cambridg  they  have  a  Wooden 
Colledg ;  &  in  y®  Yard  a  Brick  Pile  of  two  Bayes  for  the 
Indians,  where  y®  Coiniss'"^  saw  but  one  ;  They  said,  they  had 
three  or  fower  more  at  Schole  ;  it  may  be  feared  y'^  this  Col- 
ledge  may  afibrd  as  many  Schismaticks  to  y"  Church,  &  y^ 
Corporation  as  many  Rebells  to  the  King,  as  formerly  they 


OF    THE    STATE    OF    MAINE.  295 

have  done,  if  not  timely  prevented.  In  this  Colony  too  the 
King  hath  very  many  loyall  Subjects,  who  Petition'd  their 
Generall  Court,  at  his  Ma"'''  tirst  coming  in,  for  the  owning 
of  his  Ma*'^  &  now  latel}^  for  conipl3nng  with  his  Ma"''^ 
Comiss%  but  have  had  neither  answer,  nor  good  look  since. 
They  are  sorry,  that  so  few  (for  there  are  scarce  above  eight 
of  the  most  Factions)  should  carry  on  so  strong  a  Faction, 
yet  they  are  so  over-awed  that  they  can  do  nothing  to 
remedy  it.  They  only  say,  that  it  is  now  with  them,  as  it 
was  with  the  Kings  Party  in  Cromwells  time.  One  of  these 
was  derided  for  being  so  civill  as  to  accompany  one  of  the 
Comiss""'  from  y^  Town  where  he  lived  to  Boston,  &  others 
in  Boston  derided  those  of  Rode-Island  for  having  yielded 
so  much  to  y''  Comiss''/  In  Boston  lyes  teii  Iron  Guns 
brought  from  y^  French  Fort  taken  in  Cromwells  time, 
which  would  do  well  at  Piscatoquay  to  defend  the  mouth  of 
that  River  where  the  masts  are  laden  ;  if  they  be  the  Kings. 

On  Septeml/  10  :  1G()4  they  published  by  order  of  Court, 
a  paper  to  deterr  &  aftrighten  all  from  making  any  Com- 
plaints to  the  Comissioners./ 

The  Comodities  of  y**  Countrey  are  Fish,  w*^''  is  sent  into 
France,  Si)aine  &  ye  Straights ;  Pipe-staves,  Masts,  Firr- 
Boards  ;  some  Pitch  &  Tarr ;  Pork,  Beif,  Horses,  &  Corne, 
which  they  send  to  Virginia,  Barbadoes  &c,  &  take  Tobacco 
&  Sugar  for  payment,  which  they  (after)  send  for  England. 
There  is  good  store  of  Iron  made  in  this  Province.  Their 
way  of  Goverment  is  Comon-wealth-likc ;  their  way  of 
worship  is  rude,  and  called  Congregationall ,  they  are  zeal- 
ous in  it,  for  they  persecute  all  other  Formes./ 

I 

Fnd:     Coinlss"  of  N.  Enfjland 

Massachusets. 
y'  present  slate  of  if  Colony 
iJKpUcale/ 


296  DOCUMENTARY   HISTORY 

New  Hampshire 

New  Hampshire  is  the  name  of  a  Province  granted  to 
Cap*  Robert  Mason  about  the  yeare  1635  and  was  to  begin 
on  the  Sea  Coast  3  Miles  easterl}^  of  Merimack  River  and 
reaches  to  Piscatoquay,  and  60  miles  of  that  Breath  up  into 
the  Country,  but  now  it  is  usurped  by  the  Mattachusets  who 
pretend  that  it  is  within  their  Bounds,  and  that  the  People 
Petitioned  to  be  within  their  Protection,  it  is  true  that  dif- 
ference of  Opinion  made  a  Division  amongst  them,  and  a  few 
who  were  for  Cono-rea'ationall  Churches  did  Petition  for  their 
Assistance  by  which  occasion  partly  by  force,  partly  by 
Composition  they  haue  engrossed  the  whole  and  named  it 
Xorfolke/ 

"When  the  Mattachusets  Charter  was  first  granted  the 
jSIouths  only  of  the  two  Rivers  Charles  and  Merimack  were 
knowne  to  them,  for  they  durst  not  travaile  farre  up  into  the 
Country,  presentl}'^  after  there  was  an  house  erected  3  large 
Miles  north  from  Merimack  which  was  for  17  yeares  called 
and  knowne  to  be  the  bounds  of  the  Matachusetts,  and  in 
that  time  was  this  Pattent  graunted  to  Cap*  Mason/ 

M""  Wheelewrioht  was  banished  out  of  the  Jurisdictio  of 
the  Mattachusetts  and  was  permitted  to  inhabite  immediatly 
beyond  that  bound  house,  as  himselfe  gaue  Testimony  before 
the  Commissioners. 

M""  Mason  had  a  Pattent  for  some  Land  about  Cape  Anne 
before  the  Mattachusetts  had  their  first  Pattent,  whereupon 
Cap*  Mason  and  ]\P  Cradock,  who  was  the  first  Governour 
of  the  Mattachusetts,  and  lived  in  London  agreed  that  the 
Matachusetts  should  haue  that  Land  which  was  graunted  to 
Cap*  Mason  about  Cape  Anne,  and  Cap*  Mason  should  haue 
that  Land  which  was  beyond  Merimack  River  and  graunted 
to  the  Matachusets/  This  agreement  was  sent  to  M''  Henry 
Jocelin  to  get  recorded  at  Boston,  but  before  he  could  haue 
leisure  to  goe  thither  he  heard  that  Cap*  Mason  was  dead, 
and  therefore  went  not,  of  this  he  made  Affidavit  before  the 


OF  THE  STATE  OF  MAINE.  297 

Coniiniss"  "U'ho  forbore  to  doe  any  thing  about  the  Limitts 
of  this  Province  till  this  might  more  fully  be  proved,  though 
the  Generality  of  the  People  Petitioned  to  be  taken  from 
under  the  Matachusets  Tyranny,  as  themselues  styled  it/ 

The  Matachusetts  since  they  had,  the  Governement  of 
this  Province,  haue  graunted  and  divided  the  Land  into 
severall  Tounshipps,  which  are  very  large  and  thinn,  three 
of  which  are  seated  upon  Piscatoway  River,  which  is  a  very 
good  Harbour,  and  ver}-  capable  of  Fortification,  here  are 
excellent  Masts  gotten,  and  here  dry  Docks  might  l)e  made, 
and  upon  this  River  are  aboue  20  Saw  Mills,  and  here  great 
Store  of  Pipe  Staues  are  made,  and  great  store  of  good 
timber  Spoyled./ 


Maine/ 

The  Province  of  INIayn  begins  at  the  Easterne  side  of 
Piscatoway  and  reacheth  to  Kenebec  River  it  was  so  named 
and  granted  to  S""  Ferdinando  Gorges  by  King  Charles  the 
first,  but  was  usurped  also  by  the  Mattachusets  under  Pre- 
tence that  it  was  within  the  Limitts  of  their  Charter,  and 
that  the  People  Petitioned  to  1>e  under  their  Governemeut 
and  they  named  it  Yorkshire,  One  Gentleman  who  refused 
to  subinitt  to  the  Mattachusctts,  and  suffered  great  Losses 
by  them,  shewed  the  Commissioners  a  Warr*  which  the  jNIat- 
tachusets  made  to  haue  him  brought  to  Bostom  aliue  or 
dead,  and  now  demands  justice  against  them.  This  Province 
u\)()n  Petition  of  the  Inhabitants  and  the  differences  betwixt 
M'  Gorges  Commissioners  and  the  Mattachusctts,  his  Ma"^* 
Commissioners  tooke  into  his  Ma*'''*  Protection  and  Governe- 
ni('u(,  and  a])i)ointcd  Justices  of  the  Peace  to  governe  them,' 
inilill  his  Ma"''  pleasure  be  further  knowne/ 

'llie  Inhaljitants  afterwards  Petitioned  his  Majesty    that 


298  DOCUMENT AEY    HISTORY 

they  iiiigbt  alwaies  continue  under  his  Ma""^'  immediate 
Governement,  and  that  S'"  Robert  Carre  might  continue  there 
their  Governour  under  his  Ma"''  which  Petition  was  lost  at 
Sea/ 

In  this  Province  also  an  Indian  Sachim  who  Hues  neare  to 
the  great  Lake  from  whence  flowes  Merimack  River  Peti- 
tioned his  Ma''''  to  take  him  under  his  Protection  which  is 
also  lost/ 

In  this  Province  there  are  but  few  Tounes,  and  those 
much  scattered  as  generally  they  are  all  throughout  New 
.England,  They  are  rather  farmes  than  Townes  but  in  this 
Province  there  is  a  Bay  called  Casko  Bay  in  which  are  very 
many  Inlands,  2  Out  lets  to  the  Sea,  many  good  Harbours, 
and  great  store  of  fish  and  Oysters,  Crabs  and  Lobsters, 
In  this  Province  as  in  all  the  rest  there  are  great  store  of 
wild  Ducks  Geese  and  Deere  in  their  Seasons,  Strawberries 
Resburies  Goosberries,  Barberies,  and  severall  sorts  of 
Bilberries,  Severall  sorts  of  Oakes  and  Pines,  Chestnut 
Trees,  and  Walnut  Trees,  sometimes  for  4  or  5  Miles 
togeather,  the  more  Northerly  the  Country  is,  the  better  the 
Timber  is  accounted/ 

Kenebeck/ 
On  the  North  East  side  of  Kenebeck  River,  which  is  the 
bounds  of  the  Province  of  Mayne,  upon  Shipscot  River, 
and  upon  Pemaquid  8  or  10  miles  Asunder  are  3  small  Plan- 
tations belonging  to  his  Royall  highnesse  the  biggest  of 
wdiich  hath  not  aboue  30  houses  in  it,  and  those  very  meane 
ones  too.  and  spread  over  8  Miles  of  ground  at  least.  The 
People  for  the  most  part  are  fishermen,  and  never  had  any 
Governement  amongst  them,  and  most  of  them  are  such  as 
haue  fled  thither  from  other  places  to  avoyd  Justice,  Some 
here  are  of  Opinion,  that  as  many  Men  may  share  in  a 
Woman,  as  they  doe  in  a  Boate,  and  some  haue  done  so, 


OF    THE    STATE    OF    MAINE.  299 

The  Commiss''*  for  necessity  sake  haue  appointed  the  best 
whome  they  could  find  in  each  phice  to  be  a  Justice  of  the 
Peace,  and  haue  ordered  three  of  those  Justices  of  the 
Peace  in  the  Province  of  Mayne,  who  line  next  to  them  to 
joyne  with  them  in  holding  of  Sessions  till  further  order  be 
taken/ 

In  these  parts  are  the  best  white  Oakes  for  shipp  tiral)er  all 
the  Lands  grauuted  to  his  Royall  High''  in  these  Northerne 
parts  of  New  England  except  these  3  Plantations  are  also 
graunted  to  S''  Thomas  Temple  in  the  Pattent  of  Xova 
Scotia/ 
:My  Lord 

In  obedience  to  your  Lord^'  connnands  here  are  the  Tran- 
sactions of  the  Commiss'^'^  in  New  England  breifly  settdowue, 
eych  Colony  by  it  selfe,  The  Papers  by  which  all  this  and 
much  more  might  haue  been  demonstrated  Avere  lost  in 
obeying  his  Ma'''^*  Command  by  keeping  Company  with  Cap* 
Peirce  who  was  laden  with  masts,  for  otherwise  in  Probabil- 
ity we  might  haue  been  in  England  ten  dayes  before  we  mett 
the  Dutch  Caper,  who  after  two  houres  fight  took  stript  and 
landed  us  in  Spaine/ 

Your  Lord''^  most  humble  Servant 
G.  C. 
:\Iy  Lord 

Hearin<r  also  some  frenchmen  discourse  in  New  England 
of  a  Passage  from  the  West  Sea  to  the  South  Sea,  and  of  a 
great  trade  of  Beaver  in  that  Passage,  and  afterwards  meet- 
ing there  with  sufficient  proofe  of  the  truth  of  what  they 
had  said  concerning  the  Beaver  trade,  conceiving  great  prob- 
ability for  the  truth  of  the  Passage,  and  knowing  what  great 
endeavours  haue  been  made  for  the  liiiding  out  of  a  North 
AVest  Passage,  I  thouglit  them  the  best  present  I  could  pos- 
sibly make  to  his  sacred  Ma''%  whereupon  I  perswadod  them 
to  come  to  England  I  humbly  bcgg  your   Lord''"  favour   to 


300  DOCUMENT AEY   HISTOET 

procure  from  his  Ma*^  some  Consideration  for  the  Losse  suff- 
ering and  service  of  your 

LordP^ 
Most  humble  Servant 
Geo :  Carr. 
Dec'-  14*7 


M"^  Madder  :  )      ^ 

_  ^  ^^  >  at  Jioston/ 

M--  :Mayo       5  ' 

M'-  Eliott  at 

M'  Mayhew  at  Martins  Vineyard/ 

M""  Brown  at  Sudbury/ 

M''  Hubbard  at  Hingham/ 

M'  Hub1)ard  of  Ipswich/ 

M"-  Woodbridge  of  Xewbery/ 

James  Oliuer  of  Boston/ 

John  Porter/ 

Maj'  Hawthorne/ 


Commission, 

The  Comissioners  of  the  General  Co^  of  the  Collony  of 
the  mattachusets  in  New  EngP  by  authority  of  the^'r  Com- 
ission  dated  20  may  1668  from  theyr  right  of  jurisdiction  by 
Authority  of  the  Kings  ^Majestj^es  Koyal  Charter. 

To  Capt  Richard  Walderne,  Cap*  Rob*  Pike  Majo^  Bryan 
Pendleto  &  m"-  Elias  Styleman  senio' 

You  and  every  of  you  are  hereby  Authorized  w*''  magis- 
tratical  Authority  w**^  in  the  Covnty  of  Yorke  in  the 
CoUonye  of  the  mattachusets  aswel  for  the  strengthening 


OF   THE    STATE    OF   MAINE.  301 

the  hand  of  those  associates  chosen  &  sworne  or  to  be 
sworne  as  also  for  Keepuig  of  Co^ts  in  the  sayd  Covnty 
w*h  the  assotiates  &  espetially  to  keep  a  County  Co''t  in 
Yorke  being  the  Shyer  Towne  of  the  sayd  County,  ordered 
to  be  held  there  the  third  tvesday  of  Septemb''  being  the 
14'"  day  of  the  m° 

given  vnder  o""  hands  &  seals  in  Yorke  this  8  day  of  Se.  1668 
This  to  Continve  vntil  the  J.  L. 

Geural  Co''t  Take  fvrther  order  E.  T. 


Commission 
To  majo'  Genrall  John  Leverett  &  Edward  Tjaig  Esq""' 
Capt  Richard  Walderne  &  Capt  Rob*  Pike  Gentl" 

^ — ^  Yov  are  hereby  avthorized  &  requyred  to  repayre 
f^^J  to  Yorke  in  the  Covnty  of  Yorke  &  there  yov  or  any 
^^ — y  twoc  of  yov  Avhereof  Majo''  Genrall  Leverett  shalbe 
one  to  keep  a  Covnty  Co't  according  as  the  Law  directs  & 
in  Case  yov  meet  w"'  any  person  or  persons  vnder  the  pre- 
tence of  any  other  authority  y'  shal  swerve  from  the  due 
obedience  they  owe  vnto  this  jvrisdiction  vnder  his  majestyes 
Royall  charter  to  which  they  have  submitted,  &  ingaged 
themselves  that  yov  Call  before  yov  all  such  persons  &  bring 
them  to  a  dve  tryall  &  to  gceed  to  sentence  as  the  mcritt  of 
theyr  offence  shall  requyre. 

flVrther  yov  are  avthorized  &  Comissionated  to  Establish 
&  Confirme  all  Officers  Civil  &  Military  as  yov  shall  jvdge 
mectc  for  the  setling  &  preserving  of  Order  &  peace  in  the 
s''  Covnty  of  Yorke  :  &  for  the  better  inabling  of  yov  to 
elfect  the  same  yov  are  hereby  authorized  from  the  date  of 
these  p'sents  to  act  &  doc  all  such  things  ilparatory  to  the 
Keeping  of  Co'ts  &  setling  of  peace  in  the  s''  Covnty  as  in 
yo'  discretions  yov  shall  jvdge  most  meet.     And  all  officers 


302  DOCUMENTARY    HISTORY 

Civil  &  millitaiy  within  this  jvrisdiction  &  all  other  inhabi- 
tants are  hereby  requyred  to  be  asistant  to  yov  as  the  matter 
shall  requyer,  &  yov  are  to  render  an  account  of  what  yov 
shall  doe  herin  to  this  Co't  at  theyr  next  sessions  in  octol/ 

In  testimony  wherof  this  Co't  hath  Cavsed  the  scale  of 
the  Collony  to  be  affixed  &  sygned  by  the  Governo''  the  20 
day  of  may  1G68 

By  the  Co't 

Edward  Rawson  Secret 

Vpon  the  receyt  of  this  Comission,  wee  p'"sently  apoynted 
Fetter  Wyer  Gierke  of  the  writs ;  &  heareing  that  y^ 
marshall  Masterson  apoynted  by  the  Go't  was  imprissoned, 
wee  apoynted  another  marshall  by  warrant  vnder  o''  hands 
but  the  former  marshall  being  set  at  liberty  agayne  the 
other  did  not  act. 

The  Go't  being  by  Law  to  be  Kept  in  Yorke  the  first 
tvesday  in  jvly  1668  being  the  7*''  day  of  the  month,  wee 
repayred  to  Yorke  vpon  Mvnday  the  6"'  day ;  M""  Jocelin  & 
several  others  styled  jvstices  of  the  peace  Gomeing  nye  to 
the  ordinary  where  wee  weare  before  the  doare  after  salutes 
passed  they  tould  vs  they  desyred  to  speake  with  vs  in  the 
morneing.  to  theyr  desyer  wee  Goniplyed  &  gave  them 
ameeting  ;  where  wee  acquainted  them  wee  weare  ready  to 
heare  what  they  had  to  say  but  not  as  sent  to  treat  w*h  them, 
about  what  wee  had  to  doe,  by  virtve  of  the  Genrall  Go'ts 
Comission.  they  acquainted  vs  that  they  had  lately  receyved 
a  packett  fro  Coll  Nicolls  &  therin  the  Kyngs  Mandamus 
together  a  Coppy  of  CoH  Nicolls  his  letter  to  the  Governo"" 
&  magistrates  of  the  Massachusets  Collony ;  which  they 
desyred  us  to  reade,  &  fyrst  theyr  Comission,  the  which 
wee  reade  &  haveing  read  them  ;  wee  tovld  them  that  those 
Concernd  the  Genrall  Co't  &  had  beene  vnder  theyr  consid- 
eration all  but  the  letter  fro  CoH  Nicolls,  &  that  they  had 
sent  theyr  decleration   in  to  the  County  so  that  wee  had 


OF    THE    STATE    OF   MAINE.  303 

nothing  to  say  onely  that  wee  did  not  vnderstand  that  the 
Comissiouers  hud  power  to  make  any  svch  temporary  settlem* 
his  majesty  haucing  before  him  the  Case,  for  that  the  massa- 
chvsets  had  in  ol)edience  sent  theyr  reasons  wh}^  the}'  did 
not  deliver  vp  the  Goverm*  of  that  Covnty  to  m'  Gorge  w*^'' 
was  according  to  his  Majestyes  CoiTiand  ;  then  ni''  Jocelin 
tovld  vs  that  there  was  not  above  five  or  six  of  a  towne  for 
us,  to  which  we  replyed  wee  sliovld  see  that  ]>y  the  rcturnes 
made  to  tlie  Co''ts  warrants  &  appearances,  &  ffvrther  tovld 
them  wee  must  attend  Or  Comission  in  prosecution  wherof 
wee  shovld  attend  his  majestyes  &  the  Covntryes  service, 
not  o'  owne ;  &  if  wee  meet  w"^  opposition  wee  shOvld 
advise  what  to  doe.  many  other  things  passed  vs,  but  with 
mvtvall  respect ;  they  sayd  they  must  attend  theyr  Comis- 
sion ;  wee  parted  &  repayred  to'  the  meeting  house,  &  there 
opened  the  Co''t  by  reading  o'"  Comission  publickly,  & 
declareing  to  the  people  wherfore  wee  Came,  Avhereto  there 
was  great  silence  &  attention  : 

Then  by  the  Marshall  was  called  for  the  townes  retvrnes  to 
be  brovght  in  for  the  Election  of  associates,  &  returnes  were 
mad  fro  five  townes,  the  other  twoe  being  hindred  as  they 
sayd  l)y  the  Jvstices,  yet  of  one  of  them  above  halfe  the 
electors  sent  in  theyr  votes.  Whilst  the  Co't  was  busy  in 
openning  sorting  &  telling  (he  votes,  the  jvstices  Came  v[) 
&  w'hout  doares  by  some  instrvm'  made  proclamation  that 
all  should  attend  to  heare  his  majestyes  comands,  Vp:)n 
which  order  was  given  to  the  marshall  &  accordingly  he 
made  proclamation  that  if  any  had  any  comand  fro  his 
majesty  they  Comeing  &  sheweing  it  to  the  Co't  the  Co't 
was  open  &  ready  to  heare  the  same,  therevj)o  those  gentl 
men  came  in  &  manifested  theyr  desyer  that  what  ihey  had 
shew  to  vs  in  private  might  be  read  in  Co''t  to  the  pe()[)le  ; 
to  whome  we  replyed  that  the  Co't  was  in  the  midst  of  theyr 
bvsyncs  in  openning  the  retvrnes  of  the  Covntry  fi'om  the 
several    townes  of  election  &  that  so  soone  as  that  was  over 


304  DOCUMENTARY   HISTORY 

&  after  dinner  they  sliovld  have  the^T  desyer  granted,  so 
they  left  us,  &  we  gceeded  to  see  whoe  weare  chosen  asso- 
ciates, had  the  retvrnes  of  jury  men,  &  theyr  Names  entred 
both  Grand  jvry  &  of  tryals,  also  of  the  Constables  but 
did  not  s weare  anj^  one,  ]>vt  ajourned  the  Co'"t  &  went  to 
dinner,  in  w"^  tyme  wee  heard  that  the  Gentlmen  were  goe- 
ing  to  the  meeting  house  to  sit  as  an  assembly  they  haveing 
before  issued  ovt  the^a*  warrants  for  the  townes  to  send 
theyr  deputy es. 

whereupon  we  sent  to  speake  w"^  after  dinner,  they 
retvrned  they  wovld  gvided  wee  wovld  not  proceed  any 
fvrther  vntill  wee  spake  w"'  them  wee  sent  them  word  we 
did  ingage  it,  they  sent  vs  word  that  they  would  meet  us  at 
the  meeting  house,  &  presently  after  theyr  marshal  & 
Nathaniell  Phillips  went  vp  &  downe  &  at  all  publique 
places  published  a  paper  or  writing,  whome  meeting  vpon 
theyr  retvrne,  it  was  demanded  of  them  what  &  by  what 
authority  they  had  pvblished  to  the  peopl  to  make  a  dis- 
turbance, they  answered  that  they  pvblished  what  they  had 
in  the  Kings  Name,  they  weare  demanded  to  shew  theyr 
order  or  avthority,  they  answered  that  was  for  theyr  secvrity, 
soe  refuseing  to  shew  it  they  weare  Comitted  to  the  mar- 
shall  ;  then  Ave  went  to  Co'"t,  Avhere  wee  fovnd  the  hovse 
fluU,  &  the  Gentlmen  to  have  taken  vp  o""  seates,  soe  roome 
being  made  wee  went  vp  to  them,  &  tovld  them  we  expected 
that  they  wovld  not  have  pvt  any  such  affront  vpon  the 
Co't  nor  shovld  svch  motions  hinder  us  prossecuting  o"'  Com- 
ission  for  we  Covld  Keep  the  Co'"t  els  where,  some  of  the 
people  began  to  speake,  bvt  weare  Comanded  silence  &  the 
officer  was  Comanded  by  us  to  Cleare  the  Co't,  where  vpon 
the  peopl  departed,  &  nY  Jocelin  spake  to  some  of  them 
nigh  him  to  depart ;  so  they  Comeing  fro  the  seat  wee  came 
to  private  disco'se,  &  they  insisted  to  have  theyr  Comissio 
&  the  Kyngs  mandamus  of  1G66  to  be  read;  wee  tould 
them  that  wee  wovld  performe  what  wee  had  promised  when 


OF  THE  STATE  OF  MAINE.  305 

the  Co't  was  sett,  soe  wee  repayred  to  o""  seat  &  they  being- 
sett  hy  us  desyred  that  theyr  Comission  might  be  read  w^" 
was  done  &  the  grownd  of  it  exprest  to  be  fro  the  peoples 
petitioning,  then  y'  pt  of  the  mandamus  of  1GG6  w*"''  they 
desyred  might  be  read  was  read,  after  which  they  desyred 
that  Collonel  Xicolls  his  letter  to  the  Governo'  &  maijistrats 
of  the  massachusets  might  be  read ;  bvt  that  not  being  of 
Concernm'  to  them  there  save  onely  for  information  of  the 
justices  of  what  had  passed  fro  him  to  the  Governo''  &  mag- 
istrates to  whome  it  was  directed  it  was  refvsed,  some  short 
accovnt  being  pvbliqvely  given  of  that  which  had  been  read 
for  the  matter  haveing  beene  before  &  vnder  the  Consideration 
of  the  Genrall  Co't'  they  had  the  decleration  of  theyr 
intendments,  in  prosecvtion  wherof  wee  weare  comiscionated 
to  keep  Co''t  &  settle  the  Covntry  w*"*  worke  wee  had  begvn 
&  God  willing  shovld  prossecvte  to  performe  the  trust 
comitted  to  vs. 

And  haveing  declared  to  the  peopl  that  wee  weare  not 
vnsensibt,  how  that  at  the  tyme  of  the  interrvtion  of  the 
goverm'  in  the  yeare  1665  by  svch  of  the  gentlmen  of  y^ 
Kyngs  Coinissioners  that  weare  then  vpon  the  place  they 
had  manifested  theja'  displeasver  by  telling  the  peopl  that 
the  massachvsetts  weare  Trato^s  Rebells  disobedient  to  his 
Majesty  the  reward  wherof  with  in  the  yeare  they  sayd 
shovld  be  retribvted ;  yet  wee  tovld  them  that  throvgh  the 
Good  hand  of  God  &  the  Kyngs  fiivo%  the  Massachvsets 
weare  an  avthority  to  assert  theyr  right  of  Governi'  there  ; 
by  vertve  of  the  Royal  charter  derived  to  them  fro  his 
^lajestyes  Royal  pdecesso""  &  that  wee  did  not  dovbt  l)vt 
that  the  massachvsets  Collonvcs  actings  for  the  forwardinii: 
liis  majestyes  service  wovhl  ovt  speake  others  words  where 
there  was  nothing  J)vt  words  for  themselves  or  against  vs  ; 
W^h  done  the  gcntleme  left  vs  &  wee  proceeded  to  the  \v()rke 
of  the  Cc/t  to  i'npaimel  the  Grand  jviy  give  them  theyr 
20 


306  DOCUMENTARY   HISTORY 

oathes  &  Charge ;  then  the  associats  p'sent  wee  cald  to 
take  theyr  oathes.  One  of  them  viz.  M''  Koger  Plasted, 
expressed  publiquely  that  he  was  sent  by  the  towne  he  lived 
in  &  accordingly  he  had  aplyed  him  selfe  to  the  majo^  Gen- 
erall  more  privately  to  Know  how  we  reasvmed  the  Gov- 
erm*  &  how  they  weare  to  svbmitt,  w'^h  he  now  mencioned 
in  publick  that  he  might  render  himself  ffiiithfvl  to  them 
that  sent  him  ;  to  w'^h  he  was  answered  in  publick  as  hee 
had  beene  in  private  that  wee  reasumed  the  Goverm*  by 
vertve  of  the  Charter  &  that  they  weare  to  have  like  priv- 
eledges  w"^  our  selves  in  the  other  Covnt3^es  wee  had  also 
fro  Scarborow  a  paper  p^'sented  w*^!!  herew%  we  p'sent  to  the 
Co't ;  then  haveing  sworne  the  Constal)les  p^'sent ;  impan- 
neld  the  jury  for  tr}' als  sworne  y.  &  Couiitting  what  actions 
weare  eutred  &  prossecvted  to  y.  in  which  tyme  the  gentle- 
men sent  to  desyer  that  at  o'"  leasver  tyme  the}''  might  speake 
w*h  vs  ;  they  weare  sent  for,  &  i3seuted  us  w'h  a  paper  after 
we  had  receyved  it,  wee  attended  to  settle  the  busynes  of 
the  millitary  officers  &  Trained  bands  &  Comissionated  for 
yorke  Job  Alcock  Leiftenaut :  Arthur  Bragdin  Ensigne  :  for 
wells  John  Littlefeild  Leiftenant  ffrancis  Littlefeild  jvnio'" 
Ensigne  :  Scarborow  Andrew  Avger  Left,  ifalmovth.  Georg 
Ingerfeild  Left.  Kittery,  Charles  fFrost  Capt.  Roger  Plasted 
Leift.  John  Gattirsley  Ensigne.  Saco  Brya  Pendleton  majo"" 
&  he  to  settle  black  poynt.  m""  Knight  of  wells  vpon  the 
morning  before  wee  Came  away  being  thvrsdaj''  9.  jvly 
Came  &>  tooke  his  Oath,  in  Co't  to  serve  an  associate,  the 
Co^'t  made  an  order  for  the  County  Co''t  to  be  held  y*^  15"' 
September  ther  at  j'orke  &  for  that  end  Continved  the  Com- 
ission  to  Capt  Walderne  &  Capt  Pyke  &  others  for  the 
better  strengthening  the  avthority  vpon  the  place ;  as  hy 
theyr  Comissiou  may  apeare.  The  associats  that  are  now 
in  place  are  major  Pendleton,  m""  ffrancis  Neale ;  m""  Knight 
of  wells  m""  Raynes  of  yorke  m""  Rodger  Plasted  of  Kittery ; 


OF  THE  STATE  OF  MAINE.  307 

which  is  hvmbl}^  svbmittecl  to  the  hono''d  Genrall  Co''t  as 
the  retvrne  of  yo""  serv's  this  29"'  of  octol/  1668  : 

Jii" :  Leverett 
Edward  Tyng 
Richard  Walderne 

The  Deput^^es  hauinge  heard  the  returne  of  o''  Hono'''^ 
Comissiou''^  who  were  Imployd  by  this  Court,  for  the  re- 
diiceinge  of  the  County  of  Yorkshire  to  the  obedience  of 
this  goiilment,  doe  with  all  ThanfuUnes  acknowledge  their 
good  service  therein,  &  doe  also  Allow  &  approue  of  what 
they  haue  done  in  that  affayre  &  doe  order  the  same,  to  be 
entred  in  the  publick  records  w*^  refference  to  the  Concur- 
rance  of 'o"^  Hono'*^  magists  hereto. 

3^  9'^  1668  William  Torrey  Cleric. 

Consented  to  by  y^  magis'*  Edw  :  Rawson  Secret 


Petition 

To  y®  Hond  Generall  Court  of  y^  Massatusetts 
or  whome  els  it  shall  or  may  Concerne  y*^ 
humble   petition    of   diuers   inhabitants    & 
freemen  of  ffal mouth 
Humbly  sheweth 

That  wheras  there  hath  Latelie  been  a  sad  Contention 
in  these  parts  concerning  gouerment  y®  petitioners  most  of 
thcni  liueing  vpon  there  Labour  &  desicrous  rather  to  Line 
in  peace  &  Learne  to  bee  obedient  &  submitt  to  what  gouer- 
ment itt  shall  please  y^  Lord  &  our  Soucraing  to  appoint 
oucr  vs,  then  to  Conted  or  Determine  who  our  Gouernours 
shall  be,  yett  there  hath  Latelie  certain  men  appeard  in  our 
Names  att  y**  Ilofil  Generall  Court  &  as  wee  are  informed 
presented  a  petition,    which  was  without  our  Consents  or 


308  DOCUMENTARY   HISTORY 

Knowledg  ffor  had  y®  Gouerment  been  settled  &  y'  wee 
could  haue  acted  with  freedom  of  Spiritt  wee  would  never 
haue  Dishonord  y®  Hofi)  Generall  Court  with  men  of  such 
Lines  &  Conversations,  as  are,  first  M''  George  Cleues  who 
is  vpon  record  for  breach  of  Oath  &  accusd  for  fforgerie. 

M""  Phipen  nott  many  dayes  before  his  departure  was  beat- 
ing &  drawing  of  y*^  bloud  of  his  Majesties  subjects  &  stands 
vpon  record  for  slandering  y®  Deputie  Gouernour  &  was 
alwayes  a  man  of  Contention  &  strife  since  he  cam  in  our 
parts  John  Phillips  hath  acknowledged  himself  guiltie  of 
Keepeing  a  woman  which  is  none  of  his  wife  this  14  yeares 
These  men  cam  in  o""  names  &  exercise  Authoritie  ouer  vs 
with  many  soare  threatings  wherfore  our  humble  request  is 
That  if  it  shall  please  y^  Lord  to  continue  vs  still  vnder  y"" 
gouerment  you  would  bee  pleasd  to  grant  vs  y®  Libertie  y* 
other  of  his  Majesties  subjects  haue  &  you  by  Article  granted 
y*^  is  freedom  to  vote  for  our  officers  &  nott  such  men  im- 
posed vpon  vs/  &  wee  shall  euer  pray  &. 
ffrancis  Neale  jSTathaniell  Wharfe  Rob  Sandford 

Jane  Mack  worth  widow  George  ffelt         John    Winter 

ffrancis  Small  Benjamin  halwell  EdwMacering 

Richard  Martin  John  Clayes  John  Ghy 

Rob*  Corbin  Samson  Perli 

James  Andrews  Thomas  Sandford 

There  is  butt  12  or  13  ffreemen  in  our  Towne  according 
to  y^  Articles  of  freedom  in  our  Submission  to  y®  gouerment 
6  of  whome-  haue  subscribed  here  unto  &  fiue  voted  for 
gouernour  &  other  officers  Yett  there  are  seuerall  who  say 
they  are  free  butt  wee  Know  itt  nott  &  most  of  vs  would 
haue  voted  if  wee  had  had  warrants  as  formerlie,  to  Comand 
vs  so  to  doe. 


OF  THE  STATE  OF  MAINE.  309 

Petition 
To  the  Kings  most  Excellent  Matie^ 

The  Humble  Petition  of  yo""  Matie's  ffree- 
borne  Subjects  Inhabitants  of  yo*"  Prov- 
ince of  Maine  in  New  England./ 

Humbly  Sheweth 

That  yo'  Maties  Royall  ffather  of  ever  blessed  Mem- 
or}'  by  his  Letters  pattents  bearing  Date  at  Westminster  in 
the  fifteenth  yeare  of  his  reigue  did  grant  vnto  S""  ffardinando 
Gorges  his  Heires  and  Assignes  that  Tract  of  land  now 
called  the  Province  of  Maine  makeing  the  same  equall  with 
the  Palitanate  of  Durham  to  Injoy  the  like  Priviledges  To 
lay  out  and  grant  Townshipps  or  dispose  of  lands  not 
disposed  of  before  and  that  noe  Lawes  as  should  be  exer- 
cised in  that  province  but  such  as  were  made  and  con- 
sented vnto  by  yo""  Maties  Freeholders  Inhabiting  the 
said  province. 

That  yo^  petitioners  vpon  those  Invitacons  and  Incourage- 
ments  did  settle  in  the  said  province  in  great  numbers  and 
in  short  time  increased  into  severall  towneshipps  haueing 
amongst  vs  severall  Courts  of  Judicature  and  Records  and 
were  for  diverse  yeares  governed  according  to  their  Lawes 
(agreeable  to  the  Lawes  of  England)  made  by  the  Com- 
missioners of  the  said  S""  ffardinado  Gorges  and  the  ffrec- 
holders. 

That  the  Bostoners  vnder  pretence  of  an  imaginary  boun- 
dary Line  did  invade  our  rights  and  priveledges  and  erecting 
their  owne  Authority  l)y  causeing  the  Inhabitants  to  sweare 
fidelity  to  their  Government. 

That  about  the  yeares  1G61  vpon  our  humble  representa- 
cofi  of  those  matters  yo*"  Matie  was  gratiously  pleased  by 
yo""  Koyall  Letters  of  1GG4  to  that  government  to  require 


310  DOCUaiENTAEY  HISTORY 

them  not  farther  to  clisturbe  or  Intermeddle  in  the  province 
which  they  then  refused  to  obey. 

Wherevpon  yo""  petitioners  representing  their  greivances 
to  yo""  Maties  Comissioners  in  1665  they  solemnely  restored 
and  reestablished  yo""  Maties  authority  amongst  vs  by  which 
wee  Administred  the  Oath  of  Allegiance  and  proceeded,  to 
ffoverne  accordins:  to  our  former  lawes  and  soe  continued 
till  about  the  yeare  1668  when  Major  Leveret  Walden  and 
others  entered  vpon  the  provence  and  with  force  of  amies 
disturbed  the  Inhabitants  then  at  a  Court  holden  for  yo' 
Matie  at  Yorke  in  yo""  IVIaties  province  of  INIaine  Comandiug 
all  proceedings  for  the  future  to  be  Manadged  Ijy  their  owne 
authority  and  Lawes  since  which  time  notwithstanding  the 
great  loss  susteyned  by  the  late  Indian  w^ars  wee  are 
still  oppressed  with  heavy  rates  and  Taxes  Iinposeing  the 
Sume  of  3000'  and  vpwards  to  be  collected  and  paid  by  the 
Inhabitants  of  three  Townes  (viz')  Yorke  Wells  and 
Kittry. 

Yo""  Petitioners  humbly  pray  yo'"  Ma?ie  to 
take  the  p'"niisses  into  yo''  Royall  consid- 
eracofil  And  by  yo""  gratious  Letters  to 
reestablish  and  confirme  vs  vnder  yo"" 
Royall  authority  granting  liberty  to  Ten- 
der Consciences  and  to  impower  such 
whose  names  are  here  underwritten  to 
govern  according  to  the  lawes  and  con- 
stitucons  of  this  yo'  Maties  province 
untill  yo''  Maties  pleasure  be  further 
knowne  therein  to  which  wee  shall  in  all 
readiness  and  Duty  submitt. 
And  yo''  petitioners  shall  for  ever  pray.  &c 

John  Hole.  Rich  White.  Enoch  Hawkins  Nicholas  Shap- 
leigh    peter  Dixon    Tho  :  Rice    Elihu  Geuison    Rich  :  Nason 


OF   THE    STATE    OF   MAI^'E.  311 

Tho:  ffurnall :  Roo'er  Dearinoj  Tho  :  Hanscom  Joshua  Down- 
ing  Rich  :  King  Jo"  Twisden  Rich.  Jo  well  Gabrill  Tetherly 
Rich  :  Miller  James  Wiggin  sen""  Christian  Reniuith  Rich  : 
Greene  Diggerie  JeiFery  Edniond  Hammond  Stephen  Jen- 
kings  John  Morill  Jabis  Jenkings  Jo"  :  White  John  Greene 
George  Buren  Adrian  Trie  Rich  :  Banks  JohnKeny  Rowland 
Young  sen''  John  Miller  John  Watson  John  Pudington 
Sampson  Auger  Tho :  Mussey  Jeriraiah  Sheres  Joseph 
Daniell  Thomas  Drafton  Nath  :  Raines  John  Brane  Arthur 
Baiell  Jasper  pulmau  Nath :  Daniell  W"^  More  Clement 
Yorke  Alexa :  Cooper  Johnnathan  Nasou  Rich  :  Bray  John 
Lard  John  Taylo""  Josiah  Wite  Tho  :  Curtis  W"^  flurbish 
Rich :  Calle  Tho  :  Littlefield  John  Granger  Tho  :  Bicfor 
Tho  :  Bragden  James  Wiggin  Jun'^Benjamine  Nasou  Henry 
lebbe  John  Moggerage  Nathan  Lord  Jun""  Christopher  Edg- 
com  John  Ameradeath  Sen''  Abraham  Lord  John  Jordan 
John  Ameradeath  Jun""  James  Stacpole  Sam  Jordan  W'" 
Tetherly  John  Mason  Domiuicus  Jordan  Jerimiah  Jurdau 
Johu  Trickie  Christopher  Batt  ffrancis  Trickie  Andrew 
Sarel  Sen^  W"  :  JSIanstield  W°^  Hilton  John  Sarle  John  iHee 
John  Billing  JohnNeale  AmbraBodon  Samson  Whiet  peter 
Grant  peter  Shaw  Rice  Thomas  Nathan  Bradford  Christo- 
pher Mobhell  John  Baiel  George  Inggerston  John  Tinny 
Nicholas  Tucker  Anthony  Bracket  James  Randel  Lues 
Tucker  Thedeous  Clarke  John  Mackerell  Humphery  Church- 
well  John  Dawes  John  Simpson  Paul  Williams  Lawrence 
Davies  Antho  :  Row  Thomas  Patten  W"  Reener  ])hillip 
fibxwell  John  Deancant  W'"  Rogers  Waymouth  Bickton 
Joseph  Hodsdon  John  Welding  Henry  Elkings  Thomas 
Stanford  John  Stilling  Tho :  iSIosse  Robert  Stanford 
Joseph  Gingerson  Robert  Eadge  John  Wallice  George 
Ingerson  John  Hill  Xathaniell  AVallice  W'"  Sriven  phillip 
Lues  Robert  Rogers  Samson  Penle  Stephan  Letherbee 
John  Holnian   Robert  Heanes   W'"  Hcans 


312  DOCUMENT AKY   HISTORY 

Petition  of  John  Littlehury 

To  the  Hono^^'  the  GoGnor  Assistants  & 
Deputies  now  in  Gene''"  Court  at  Bos- 
ton assembled : 
Humbly  Sheweth  that  yo''  petitioned'  in  y®  yeare  of  o*" 
Lord  1631  was  drawne  in  by  the  perswasion  of  Capt  ISIason 
&  others  the  Adventure"  for  Certain  Tracts  of  Land  Lying 
on  the  North  East  &  South-west  of  puscattoq''  Elver  in  New 
England  to  pay  vnto  theire  Treasurer's  Three  hundred  pound 
upon  theire  pmise,  That  if  yo''  petitione'^  should  refuse  to 
pceed  therein  with  them  Then  the  said  propriator's  would 
enable  yo''  petitioned'  to  receive  the  said  iij  C  pound  out  of 
the  first  profits  should  be  made  or  Received  out  of  the  said 
Lands :  Now  in  pformance  of  theire  forme''  Engagem*^ 
Griffith  Gardner  <fe  Eyres  about  Five  years  since  (being  all 
the  proprietor"'  then  living  did  Convay  &  Assure  by  Deed 
all  theire  4'^  part  granted  vnto  them  by  his  Ma*'"  as  the  said 
pattent  doth  more  fully  Declare  w*''  the  said  Divident  of 
Lands  lying  on  y®  North  East  Side  of  Kittery  parrisli  made 
by  Sr"  fiardinando  Gorges/  Capt  mason  with  the  other  pro]:)ri- 
ator'  in  y®  yeare  of  o""  Lord  1633  :  Now  for  as  much  as  yo'' 
petitione''  hath  been  deluded  these  Three  yeares  to  his  great 
hinderance  &  damraage  by  Capt  Champernon,  Majo'  Shapley, 
Dr"  Barefoot,  Corbet  &  other  grand  Lisendiaries  to  this 
p''sent  Goiiment  In  that  they  will  not  permit  or  Sufier  yo'' 
petitione''  according  to  the  former  Divident  made  as  afore- 
said, in  Auno  1633  to  measure  &  lay  forth  m''  Gorges  Three 
miles  from  the  Sea  up  the  River  of  Puscattoqr.  they  well 
knowing  that  m''  Gardner'  is  to  begin  where  m""  Gorges 
Lands  End :  And  the  Rest  of  the  propriato''^  are  to  goe  up 
the  river  xij  miles  Now  Majo""  Shapley  being  Sensable  that 
if  Capt  Champernon  should  Suffer  yo""  petitione''  to  measure 
&  lay  forth  the  propriato'''  xij  miles  of  land,  to  begin  where 
m''  Gorges  iij  Miles  end  then  he  should  be  questioned  for 


OF   THE    STATE    OF   MAINE.  313 

SeCall  Sumes  of  money  w"^'  he  bath  illegally  taken  of  other 
men  for  lands  w'''  he  hath  sould.  And  lately  vnder  Culle'' 
of  powe'  received  from  Colonel  Nichols  hath  disposed  of 
Great  tracts  of  Land  And  made  Leases  of  Lands  for  A 
thousand  yeares  to  m""  Hilton  of  Exeter,  Docto^"  Barfoot  & 
dius  others  vnder  p'tence  &  name  of  Hamsheire  pattent. 
■v\-"'in  the  Compass  of  the  Lands  so  Leased  great  part  of  the 
propriato""^  &  yif  petitione"  Lands  are  included  : 

Now  yo''  petitione''  in  Respect  to  his  Great  Age  Humbly 
Craveth  the  Aid  &  Assistance  of  this  Hono'^'''^  Court  eyther 
to  make  an  order  for  the  Measuring  &  lajnng  forth  yo''  pe- 
titioned &  other  the  propriato*"^  Lands  or  that  this  Court  will 
be  pleased  to  order  Capt  Thomas  Clarke,  Capt  Walding  & 
Capt  Pike  to  treat  with  yo'"  petitione''  about  Setling  &  Assur- 
ing of  his  Ma"®^  Grant  or  pattent  vnto  this  Hono"''  Colony 
of  the  Massathusets  upon  Such  reasonable  termes  as  the 
said  Capt  Clarke  Capt  AValden  &  Capt  Pike  shall  make 
report  of  to  this  Hono'""^  Court,  that  so  yo""  petitione""  may 
p'"pare  him  selfe  to  goe  with  the  next  Shiping  for  England  & 
there  make  good  what  they  shall  find  defective  Concerning 
the  p^'misses  : 

John  Littlebury :/ 

In  answer  to  this  Peticon,  y®  magistrates  Judge  meete 
That  Major  Generall  Leveret,  m''  Edw  Ting  &  Cap*  W" 
Davis  be  a  Comittee  to  Inqvire  into  y®  true  state  of  y°  case 
rcfiV-ring  to  y*-'  Peticoners  Interest  in  any  land  menconed, 
who  arc  to  Informe  the  next  Court  Eleccon  thereoff : 

Their  l)rcthren  the  deputies  hereto  Consenting. 

3-^  Nov  :  1GG8  Edw  :  Rawson  Secret 

Consented  to  by  the  Deput3^es 

William  Torrey  Cleric 


314  DOCUMENT AEY  HISTOEr 

The  names  of  those  men  who  were  Instituted  l)v  his 
Maje'^'  Commissioners  to  gouerne  the  Prouince  of  Mayn  In 
New  England  July  1665,  &  were  turned  out  by  the  Com- 
missioners of  Boston  1668 

Imp'  President  Henry  Gosslin  Esq"^ 

of  good  parts  &  conuersation  well  beloved  of  the 
inhabitants  and  ailways  A  uindicator  of  Kingly 
Gouerment  both  Ciuilt  &  Eclesiastical!  liueing  at 
Black  Point 

Cap* :  Champernoone 

of  Piscataqua  a  man  allways  for  the  King,  and  was 
Com'^''  at  Sea  in  same  ship  under  the  Lord  of  Mal- 
brough  many  years  agoe 

Maj--  Wilt :  Phillips 

of  Saco  Kiuer  a  man  of  good  Estate  &  Conuersa- 
tion :  beloued  of  alt  sorts,  &  one  that  Suffered 
imprisonment  for  standing  up  for  the  Kings  gou- 
ernment  untill  forced  by  Bond  not  to  act  according 
to  his  Commission. 

M""  Robert  Jourdan     deceased 

M""  firancis  Hooke 

A  man  of  good  life  &  conuersation 

M"^  George  Munjoy 

of  good  Estate  &  conuersation  well  beloued  in  the 
place  he  lined  to  say  Casco  bay 

M'"  James  Whelewright 

of  Wells  of  good  Estate  &  Estemation  among  the 
people 

]VP  Eobert  Cutt 

of  Piscataqua  Eiuer  of  good  Respect  amongst  the 
People 

M""  Edward  Johnson 

of  Yorke  An  honest  man  and  attways  for  Kingly 
Gouerment 

Cap?  Winkall  of  Piscat§) 

M^  Edward  Rishworth 


OF   THE    STATE    OF   MAINE.  315 

Both  men  Avithout  Schandall  in  Eeference  to  life  & 

conuersation,    &   now   are   assotiates    for   Boston 

"svliicli  is  a  Small  Majestraticall  Power  they  haue. 

Men  that  are  Enimies  to  m''  Gorges    intrest,   liueing  in 

the  Prouiuce  of  Mayue 

majo''  Bryan  Pembleton 

A  man  of  Saco  Riuer  of  Great  Estate,  &  uery  pre- 
cise independant,  beloved  only  of  those  of  his  fra- 
ternity, being  both  an  Enimy  to  the  Kings  interest 
&  m"^  Gorges  Interest,  allso  a  great  Eingleader  to 
others  to  the  utmost  of  his  Power 

Cap?  Raines  of  Yorke  M'"  Neale  of  Casco  bay  Arthur 
Auger  of  Black  Poynt  Andrew  Browne  of  Black  Poynt 
flVaucis  Littlefeild  of  Wells  Henry  Sawyer  of  Yorke  Peter 
Wyar  of  Yorke 

these  are  men  of  indifferent  Estates,  &  are  led  by  maj 
Pembleton  &  of  the  same  independent  way  understanding 
little  but  what  he  tells  them  is  law  or  gospett 

The  names  of  some  men  in  New  hampshire 

Imp"^     m'  Richard  Cutt  of  Strabery  Banke 

m'  John  Cutt  of  Strabery  Banke 

m'  Richard  Martin  of  the  same 

m'  Nathaniell  ffiyer  of  Great  Island 

m"^  Thomas  Daniell  of  the  same 

m""  INIahone  of  the  same 
tJK'sc  are  all  men  of  great  estates  especially  the  two  Cuttes 
who  are  thought  to  be  worth  no  lesse  y"  lifty  thousand 
pounds,  men  not  so  over  precise  but  that  honour  will  Bias 
Ihoni  any  ways  :  that  they  were  but  in  connnission  with 
thos(;  his  majestic  doth  appoint  noc  question  but  they  would 
except  the  same  &  sway  all  the  Country  as  they  Pleased  for 


316 


DOCIBIENTARY   HISTORY 


there  is  not  one  man  in  ten  but  what  are  continually  in  their 
debts,  &  Beholden  them  to  trust 


Petition 

To  y'  Honord  Generall  Court  of  his  Majesties  Collonie  of 
y^  Massatusetts  att  Boston 

May  itt  please  this  honord  Court  wee  whose  Names  are 
vnder  Avritten  haueing  formerly  presented  a  petition  to  this 
Honord  Court  for  y®  takeing  vs  vnder  y''  gouerment,  Doe  by 
these  in  y^  behalfe  of  our  selues  &  y^  rest  of  our  Neigh- 
bours humbly  renew  our  request  vnto  you,  &  for  y*  end  & 
purpose  haue  desiered  &  impowered  our  Loueing  frind 
ffrancis  Neale  in  our  Names  to  Solicitt  you  &  to  prosecutte 
y^  busines  for  vs  and  what  he  shall  doe  in  our  behalfe  in  y*^ 
respect  wee  shall  owme  as  if  itt  were  done  by  each  of  vs  in 
perticular. 

Thus  with  our  prayers  to  y^ 
great  guider  &  Gouernor  of  all  things  to  guid  &  direct  you. 

Wee  subscrib 
Yrs  to  bee  Comanded 


Aprill  y«  2"'  6 


Richard  Bray 
John  Cussens 
Henry  Webb 
William  Ryall 
James  lane 
John  Eyains 
John  Burrell 

marke 
Bengemen  rv 

J) 

John  HoUmane 


*\  Stiuenes 


OF  THE  STATE  OF  MAINE.  317 

Agreement  of  the  Town  of  Kittery. 

May  S^MGGO.  At  Kittery 
At  a  geiierall  meeting  of  the  inhabitants  of  the  Towne  of 
Kittery  it  was  unanimously  concluded  that  for  prevention  of 
the  burthen  to  its  inhabitants  with  respect  to  meeting  for 
publike  worship  of  god  and  traineings  in  regard  of  the  dis- 
tant dwelling  of  the  inhabitants  as  at  present  accounted  in 
one  Towne  that  with  respect  to  the  occations  aboves'^  stur- 
geons creek  shall  be  a  dividing  line  betwixt  the  upper  and 
nether  part  of  the  s*^  Towne  that  none  shalbe  required  to 
come  over  the  s''  dividing  line  ether  for  publike  worship  or 
for  traineings  except  one  meeteing  yearely  for  traineing  two 
dayes  tyme  and  this  agreement  to  be  presented  to  the  Court 
for  a  full  establishment  thereof  and  the  other  traineing  days 
which  the  Law  requires  to  be  kept  in  the  distinct  divisions 
and  one  or  two  days  yearly  to  be  if  need  require  for  publike 
Towne  meetings  for  makeing  choice  of  Country  and  Towne 
officers  to  be  had  yearely  and  who  ever  neglects  to  attend 
the  publike  meetings  vpon  notice  given  according  to 
Custome  of  this  Towne  is  to  pay  five  shillings. 

By  Genarall  Consent  of  the  in- 
habetances  of  the  towne 
g  mee 

James  Heard  Town  Clarke 


mo 

69 


5  :  3  The  Deputyes  Judge  mcete  to  Confirme  this 
agreement  of  the  Towne  of  Kittery  &  to 
stand  in  force  duringe  this  Courts  pleasure 
w"'  reference  to  the  Consent  of  o''  liono''^ 
magis**  hereto. 

"Wilb'am  Torrcy  Cleric. 
Consented  to  by  the  magis'" 

Edw.  Rawson  Secret 


318  DOCUMENTARY   HISTORY 

Letter  from  John  Littlehury  May  12.  1669. 

Hono  :  Sir 

my  4**^  part :  g  suruey  Cometh  vnto  6000  Acors  the  In- 
habitants offered  2''  An  Acor  to  purchas  the  s'^  Lands,  all 
the  Lands  within  the  bounds  of  our  pattent,  Ariseth  vnto 
ffortie  Thowsand  Acors  which  I  haue  power  to  dispose 
of;  The  proprietors  about  twenty  years  since  prevaled 
with  me  to  Come  into  new  England,  to  settle  there 
plantations,  which  I  did  at  my  owne  Charge,  and  did 
then  Enter  and  layed  clame  vnto  the  He  of  Shoales, 
tooke  Quiet  posession  of  the  house  &  Lands  in  littell 
harbor  where  Cap'  Neale  liued  with  seruants  we  sent 
him  out  of  old  England  for  the  vse  of  the  pattentees 
and  did  now  lately  take  posession  of  house  and  Land  in 
great  har]>or  with  m''  ffryers  Consent,  all  the  Inhabitants  are 
very  desirous  to  Compound,  which  I  had  long  since  done 
but  that  we  Cannot  well  Agree  before  m''  Gorges  3  miles  be 
measured  and  layd  out,  because  we  ought  to  beginn  our  12 
miles  up  the  Eiuer,  where  M""  Gorges  3  miles  ends,  as  the 
Deuydent  Expresseth,  my  Oath  which  I  haue  laitely  taken, 
the  truth  wherof  is  more  pretious  to  me  then  all  the  world, 
if  you  please  to  make  any  scruple  of  the  Assuerance  I  haue 
passed,  I  will  procure  M""  Gardner,  and  allso  the  Executors, 
or  Administrators  of  the  deceased  pattentees  to  Act  what 
yo"  please  to  Conceaue  is  fitting  to  be  further  done  ;  I  hum- 
bly Intreat  you  to  remember  we  haue  had  the  posession  of 
the  Land  neere  40  yeares  —  spent  and  disburced  aboue  6000 
pound  in  prosecution  of  this  business,  All  which  Assurance 
shall  be  made  good  vnto  you  as  law  Can  require ;  I  beseech 
you  doe  not  vnclapse  our  Interest  and  drowne  it  in  yours, 
the  King  will  not  suffer  it./ 

Noe  prescription  of  time  or  Law  Can  barr  the  Kings  right 
&  Interest  vnder  whom  we  Clame  our  Land  by  the  broad 
seale  of  England   (Sir)  I  pray  make  vs  not  the  ffirst  of  all 


OF  THE  STATE  OF  MAINE.  319 

the  pattentees  which  shall  suffer  vncler  your  Gouerment,  I 
desier  but  200"^  to  pay  my  debts,  and  Carry  me  for  London, 
in  a  vessell  now  goeing,  thus  you  may  raise  2000  pound  to 
be  at  yo""  dispose,  &  giue  better  Content  to  the  Inhabitants, 
if  not,  pray  make  an  order  in  Court  to  measure  &  Laye 
forth  the  Land  as  we  haue  presidents,  you  have  formerly 
done  in  the  like  Case.  The  deuident  Expresseth  the  bounds 
&  Limets  of  the  Land,  George  Walton  the  Quaker  and  old 
Mayson  haue  lately  sould  in  great  &  littell  Harbor  40  Acors 
of  Land  at  the  vtniost  for  aboue  400  pounds,  which  Lands 
in  right  did  belong  to  our  pattentees  &  my  selfe ;  Thus 
Sir)  I  shall  leaue  all  to  your  wisdom  to  order  as  the  Lord 
shall  (Hrect  3'oure  hart ; 
May  12"'  1669 

/  John  Littlebury 


Report. 

The  Gen  :  Court  referring  y^  enquiry  into  y^  true  state  of 
Capt :  Jn°  Litlel)ury  his  interest  unto  y*^  lands  mentioned  in 
his  Petition  p''sented  to  them  y"  last  Sessions  of  y"  Court  in 
Octol/  1668  vnto  us  vnderwritten,  to  make  report  thereof  y^ 
Court  of  Election  following. 

In  i)ursuance  of  w""''  reference  wee  gaue  y^  s**  Capt :  Jn" 
Littlebury  a  meeting,  who  p''sented  his  pap''  &  writings  to 
us,  vpon  perusall  whereof  wee  find  as  followeth  v'v/J  y'  y* 
Corporation  of  Plymouth  by  Lidenture  (3.  9.  1631  to  S"" 
(Terdinando  Gorge  Knight,  Capt.  Jn"  mason  &  their  associ- 
ates, Jn"  Cotton  Hen.  Gardner,  George  Griffith,  Edwin  Guy 
TIio  :  Wannerton,  Tho  :  Eyre,  Elcazar  Eyre,  for  seruices 
done  for  advancing  y"  Plantation,  making  Clapboards  & 
Pil)cstanes,  Salt,  transporting    Vines,    searching   for   Iron, 


320  DOCUiMENTARY   HISTOEY 

transplanting  many  souls)  grant  all  y'  land,  all  y'  house  & 
habitation  att  Pascataqua  6  miles  to  y*^  Westward  of  itt  to 
y^  latitude  of  43  degrees  to  Laconia  in  y^  harbo''  of  Pascat- 
aqua, so  proceeding  Northward  &  Northwest  ward  into  y^ 
harbo''  &  Kiuer  along  y*  Coast,  including  all  y*  Hands  vp  to 
y^  Plantation  in  y*  Occupation  of  Ed.  Hilton,  from  thence 
Westward  &  S.  W.  ward  in  y"  midle  of  y^  Riuer,  &,  through 
y^  midle  of  y*  bay  or  Lake  Baquacack  alias  Basquacack  to 
y*  westermost  pt  of  ye  Riuer  Pascossock  to  y^  falls  thereof, 
from  thence  by  an  imaginary  line  to  pass  ouer  land  to  y^  sea 
where  y*  Perambulation  began,  all  Prerogatiues,  Jurisdic- 
tions, also  y*  Isles  of  Sholes  &  ffishing,  &  all  15  miles  of  y^ 
sea-coast  on  y^  E.  &  N.  E.  of  y^  side  &  Harbour  of  y^  Riuer 
being  15  miles  to  y^  S.  E.  of  y^  mouth  or  first  entrance  so 
vp  to  y^  ifall  &  Ponds  &  Lakes  y'  feed  them  30  miles  vpp, 
&  so  3  miles  from  y^  s'^  River,  To  y^  Gent,  aboue  named 
paijng  to  y^  King  y^  5"'  pt  of  mine  Royall  &  to  y^  Councill 
40^  sterl.  at  y^  feast  of  S'  Michaell  if  lawfully  demanded  att 
y^  insurance  office  on  y^  West-side  of  y^  Exch,  y^  scale  of 
y^  Councill  being  to  y**  one  pt.  &  of  y*  ptyes  to  y^  other. 

Dec.  6^'^  1663  a  division  made  att  a  meeting  of  S''  fferdi- 
nando  Gorge  K*  Capt.  Mason  for  himselfe  &  Jn"  Cotton, 
Hen.  Gardner,  George  Griffith,  Tho  :  Eyre  for  Tho  :  Wan- 
erton  &  Eleazar  Eyre,  y''  greatt  house  &  land  to  y*  W.  of 
y^  Riuer  to  lye  in  Comon,  y*  land  on  y^  N.  E.  side  to  S'' 
fferdinando  Gorge  3  miles  beginning  att  y^  E.  point :  Hen. 
Gardiner  3  miles  I  from  him,  to  George  Griffith,  uf  Waner- 
ton,  Eleazar  Eyre,  from  m""  Gardner  8  miles,  w**^  i  of  a  mile 
of  y'  ffidls  of  Newichiwannock,  to  C.  Jn°  Mason  &  M'  Cot- 
ton to  begin  i  of  a  mile  below  y^  ffiills  vp  y^  Riuer  Newich- 
iwannock 15  miles. 

A  letter  of  Attourney  from  Geo  :  Griffith,  Hen.  Gardner, 
&  Eleazar  Eyre  to  Jn°  Litlebury  &  W'^  Thomas  joyntly  or 
either  of  them  to  recouer  all  lands  of  theirs  in  N.  E.  granted 
July  4"'  1664:     These   foure   persons    forenamed    make    a 


OF  THE  STATE  OF  MAIXE.  321 

deed  to  Jii°  Litlcbiuy  &  ^Y°'  Thomas  for  y*  paines  they  shall 
bee  att,  whereby  they  sett  ouer  i  pt.  of  all  such  estate  & 
lauds  teuem'^  Plantations,  shares  of  Land  y*  appertaine  to 
them  in  N.  E.,  whether  by  Grant  from  y'  Council  of 
Plymouth,  or  otherwise,  &  i  p'  of  arrears  of  Rents  to  their 
vse  &  behoofe  July  4"^  1664 

Jn°  Litlebury  by  a  deed  29"^  Oct.  67  makes  ouer  his  J  pt. 
to  Tho  :  Lake,  Jn°  ffreake  &  Emannuell  ffryer  : 

Ju"  Litlebury  &  W"^  Thomas  joyne  in  a  deed  to  y^  same 
persons  to  y"  same  purpose  13""  Maij  1668  w''''  deedes  y*  s'^ 
psons  are  ready  to  giue  vp  to  this  Gouernm',  all  w*^''  is  sub- 
mitted to  y^  wisedome  of  y*  Hou'^  Court. 

Ju°  Leverett 
Edward  Tyng 
W"  Davis 

29.  3.  69 


Petition  of  Capt.  John  Litleburf/,  1669. 

Cap*  Litlebury'  pet 
Rec*  w"*  y*  magis'* 
&  nothing  due 
1669  g  Curiam 

Ent. 


To  the   Right    Hono*''*   The   Generall   Court 
now  Sitting  in  Boston 
The  humble  peticon  of  John  Litlebury 
Sheweth 
That  Whereas,  the  last  Court  of  Assistance  was  pleased 
to  take  his  sad  condition  into  their  pious  thoughts,  in  Grant- 
ing his  desire,  in  the  petition  then  })rcscntcd,  whoreI)y  to 
enable  him  to  pay  his  just  and  due  Debts,  and  to  furnish 
21 


322  DOCUJVIENTAEY   HISTOEY 

liim  vf^^  necessaryes,  he  greatly  wants,  that  soe  he  may  Ship 
himselfe,  w'"  m"^  Clarke  who  intends  the  latter  end  of  this 
month  to  Sett  Sayle  for  England  :  Your  petitioners  humble 
motion  is,  That  this  honored  Court  will  now  at  their  first 
Sitting  be  pleased  to  impower  Anthony  Checkly  of  Boston, 
to  Measure  and  lay  forth,  the  fiue  miles  granted  by  his 
Majesty  to  the  Adventurers,  as  is  expressed  in  the  Pattent 
which  said  five  miles  of  Land,  leading  from  y^  Old  house  in 
Litle  Harbour,  towards  the  little  Bores  head,  and  that  y* 
said  Anthony  Checkly,  may  take  out  of  y*  said  five  miles, 
in  Satisfaction  of  y''  petif^  fowrth  part,  one  mile  and  a  quar- 
ter, or  thereabouts,  to  be  disposed  of  by  Cap*  Lake,  for  the 
vses  before  expressed.  That  Soe  your  petitioner,  may  not  be 
disapointed  of  his  passage  with  m''  Clarke, 

And  yo"^  petif  shall  pray  &c 

Ansiver 

15  Octobe--  69, 

In  Ans*"  to  y'  peticon  The  Court  hauing  scene  &  pervsed 
the  Returne  of  the  Comittee  &  find  y''  the  peticoner  hath  not 
made  to  Appeare  any  Right  to  the  lands  mentioned  in  his 
peticon  &  knowing  that  seuerall  parts  of  Portsmouth  & 
Hampton  for  many  yeares  haue  been  setled  on  that  land ; 
Judge  meet  to  referr  the  petitioner  to  a  due  Course  of 
lawe,  for  recouering  of  his  right,  if  he  legally  make  appeare 
he  hath  any :  and  Orders  the  Treasurer  in  regard  of  his 
lowe  Condicon  to  take  order  for  his  passage  to  England  y' 
he  returne  to  his  relation  &  for  his  provision  by  the  way, 
the  magis*'  haue  past  this  their  brethren  the  deputys  hereto 
consenting.  Edw  :  Rawson  Secret 

Consented  to  by  the  Deputyes 

William  Torrey  Cleric 


^ 


OF  THE  STATE  OF  MAINE.  323 

Petition  of  John  Littlehury 

To  the  Honnera^'*  Genarall  Court  now  sitting  in  Boston 
the  humble  Motion  of  Jn° :  Littlebiiry 

Yo''  petitio""  lietornethe  the  Honnerable  Court  Humble 
Thanks  for  there  Care  in  supplying  mee  with  nessesarys 
whereby  to  inable  mee  to  ship  my  sealfe  with  m""  Clarke ; 
only  yo''  peti*''  assiimeth  the  bouldnes  to  trouble  the  Court 
further  with  his  sad  Condision  when  hec  shall  ariue  in  Eng- 
land, that  then  hee  will  bee  alltogether  destitude  of  frends 
or  menes  in  Loudon  to  supploy  his  wants  vntill  hee  Can  goe 
to  holy  Island  nere  barwicke  240  miles  from  London  where 
hee  was  formerly  Gouerner  there  y*"^  peti"""  haue  menes  to 
maiutaine  him :  &  there  beeins;  uoe  travelins;  into  those 
parts  vntill  May  at  soonest  y*""  petio""  Craueth  tliis  Honora'"* 
Court  will  bee  pleased  to :  order  m*"  Christopher  Clarke  to 
pay  y<"^  petio''  at  London  tcnn  pounds  g  40*  p  month  or 
sooner  if  he  can  travell  for  holy  Island  for  the  season  of  the 
yeare  which  favour  if  this  Hono'''"  Court  please  to  Grant ; 
y"""  peti"""  Euer  be  obliged  to  pray  &c  : 

In  answer  to  this  pet  the  Deputyes  Judge  meete  to  graunt 
the  pef  fine  pounds  to  be  payd  accordinge  to  his  desire 
herein  exprest  o""  Hono'"''  magis**  Consenting  hereto. 
25  (8)  1669  William  Torrey  Cleric 

Consented  to  by  the  magis*'  Edw.  Rawson  Secret 


Petition  of  several  inJiahitants  of  several  ffreemen  of  Falmouth. 

To  y'  Honor'  Gencrall  Court  now  sitting  att  Boston 
y*  hum))Ie  petition  of  Scuerall  ffreemen  of  ftalmouth 

Huniblie  Showoth/ 

That  whereas  Through  y"  mercie  of  god  this  Towno,  for 
scuerall  years  both  formerlic  &  Latelic  lived  in  peace  & 


324  DOCmiEXTARY   HISTORY 

VDitie  vnder  y""  Authoritie,  and  haue  according  to  y^  vtmost 
of  our  endeavours  according  to  our  oaths  &  engagements 
endeavord  to  maintaine  y*  Lawes  &  priviledges  of  this  Juris- 
diction so  here  by  wee  have  procurd  y'  envie  &  malice  of 
manie  who  have  lateli  beene  active  against  this  Authoritie  & 
still  are  desirous  of  a  change/  wee  thought  wee  should 
have  sent  a  Deputie  to  this  court  butt  through  vrgent  oc- 
casions of  some  of  vs  who  were  nott  present  att  y*  town 
meeting  nott  thinking  of  any  opposition  against  y^  same  & 
y'  opposition  of  others  who  were  present  wee  have  sent 
none  butt  humbli  coniend  to  y'  consideration  as  tfolloweth  : 

1  That  this  Houord  Court  would  be  pleased  to  determine 
whether  it  bee  this  Honord  Court  pleasure  y'  all  hous  hold- 
ers should  votte  for  countie  officers  nott  being  ffreemen. 

2  that  this  Honord  Court  would  bee  pleasd  to  take  con- 
sideration in  reference  to  y^  Township  this  honord  Court 
was  pleasd  to  give  vnto  vs,  for  what  through  y*  great  tracts 
of  Land  some  vnder  pretence  of  pattent  some  vnder  pretence 
of  Indian  Deeds  our  Township  is  very  small  if  any  thing, 
whereby  wee  are  nott  in  any  possible  capacitie  of  enlargeing 
or  increasing  our  Towne  but  know  how  soone  wee  may  be 
shouft  out  of  our  posessions  wee  haue  Long  time  enjoyd. 

3'y  That  this  Honord  Court  would  be  pleasd  to  Comission- 
ate  some,  as  formerlie  to  bee  joyned  with  those  y*  are  chosen 
associatts,  for  if  all  housholders  vote  for  countie  officers  we 
doubt  nott  butt  in  time  those  will  be  chosen  in  these  parts 
for  officers  for  y*  counti  in  these  parts  y'  haue  formerlie 
opposd  this  Authoritie  &  still  would  if  they  could  &  have 
more  then  ordinarie  malice  to  those  who  have  according  to 
there  oathes  &  engagements  beene  faithfull  to  this  Author- 
itie, &  have  opposed  the  others  in  there  former  actions  & 
present  endeauours  against  this  Authoritie,  of  w^**  particu- 
lars we  humbli  craue  this  honord  Courts  Consideration  & 


OF  THE  STATE  OF  MAINE.  325 

humbli  recomend  you  &  all  y'"  affairs  to  y^  guidance  of  y^ 
most  high  &  subscrib    Yrs  to  bee  commanded 

ffrancis  Neale 
Kobert  Corbin 
George  Leiues 
Nath  :  Wallis 
James  Andrews 
John  Lewis 
Phenthas  iniini 
Richard  Martin 

The  Deputyes  desire  o''  Hono'"'^  Magistrates  would  please 
to  giue  answer  hereto  in  the  first  place. 

William  Torrey  Cleric. 

The  magists  Judge  meete  to  declare  that  in  relation  to 
the  person'  to  voate  the  lawe  directs  as  to  the  bounds  of  the 
Touneship.  It  is  Referred  to  the  County  Court  in  those 
pte'  to  Consider  &  setle  and  for  y*=  3^'  branch  The  Court 
Resolues  to  Appointe  one.  The  magis*"  haue  past  this  their 
brethren  the  deputys  hereto  Consenting  10*''  June  1671 

Edw.  Rawson  Secret. 

Consented  to  by  the  Deputyes 
William  Torrey   Cleric. 


Deposition 

The  Deposition  of  ffrancis  Rol)inson  aged  fifty  two  yeares 
or  thereabout  saith  that  whereas  he  this  Depon'  was  a  Resid' 
in  Sacho  in  the  yeare  1631,  &  being  at  a  Gnatt  Court  held 
for  the  province  of  Maine  in  the  yeare  1643  or  thcrabout, 
at  wliich  Court  there  came  orders  from  the  then  Lord  pro- 
prietor of  the  said  province,  vnto  his  Comissioners  &  the 


326  DOCUIVIENTARY   HISTORY 

said  Court,  for  the  bounding  out  severall  grants  formerly 
granted,  &  pticularly  for  the  bounding  out  of  a  Pattent 
granted  to  Cap"'  Tho  :  Camock,  then  in  y'  possession  of  M"" 
Hen  :  Jocelyn,  by  vertu  of  which  order  I  the  said  Depon*. 
being  then  a  magistrate  for  the  said  province ;  &  John 
West  being  a  Deputy  for  y*  Countrey,  were  appointed  by 
the  said  Court  to  lay  out  the  bounds  of  the  said  grant,  w*^"" 
according  to  the  best  of  my  skill  &  knowledge  was  done, 
the  bounds  being  on  the  Easterly  side  of  the  River  called 
Millnes  his  river,  &  near  to  the  said  Milnes  his  house  on  the 
other  side  of  the  said  river,  &  from  thence  to  goe  to  Spur- 
wink  to  a  marsh  that  lyeth  vp  the  River  of  Spurwink  to 
the  said  marsh  being  on  the  westerly  side  of  tlie  said  river 
of  Spurwink,  &  neer  about  a  mile  from  the  mouth  of  the 
said  river  which  bounds  this  deponent  hath  taken  notice  of 
to  be  the  bounds  of  the  said  pattent  for  the  space  of  thirty 
live  yeares  or  thereabout  &  further  saith  not. 

Taken  upon  oath  befor  me 
Sfept  6  1670  Daniel  Deuison 

This  Instrum'  is  Entred 
in  the  ReCords  of 
the  County  of  Yorkshire 
Edw  :  Richworth 
Recor. 
19  July  71 


The   Inhabitants   of  Several    Towns    to   the     Governor  of 
Massachusetts. 

Whereas  yo'^  are  pleased,  by  the  Subscription  of  some 
VDusuall  warrants ;  w*^"  by  yo''  order  haue  Latly  been  trans- 


OF  THE  STATE  OF  MAINE.  327 

raitted  iuto  our  County ;  to  require  from  vs  in  euery  Partic- 
ular Towne  a  Liste  of  all  our  heads  &  estates  reall  &  Per- 
sonall  w*^"^  wee  are  apte  to  tliinke  may  bee  to  open  a  passage 
to  Lett  in  a  Geu""'^  Countrey  rate  a  mounest  vs ;  from  v^"^ 
wee  humbl}^  couceaue  ourselfs  are  Clearly  exempted  by  our 
Articles  of  agreement  haueing  neither  Law  Costome  nor 
President  for  any  such  practice  ever  since  wee  came  vnder 
your  Authority  whose  pleasure  hitherto  hath  been  to  owne 
and  declaire  vs  by  your  Hon'^'^  Commissio'^!  vpon  Mature  oc- 
catious  to  be  prividgd  gsons  :  w'^'^  beeing  rightly  and  more 
&  fully  vnderstood  and  in  due  season  exemplyfyd  before  the 
Hon'''^  Gen^"  Court,  will  rathaire  through  their  Justice  & 
Clemency  Continew  our  Inlargm'  then  strayton  vs  of  the 
Least  priuilidg  whereby  wee  shall  stand  more  firmly  In- 
gaged  vnto  your  authority  owneing  o""  selfes  vnder  the  same 
to  bee  yo'  worships 

Humble  Servants 

Dated  7""  19'M671  George  Munjoy 

Yorkshire  ffran  :  Raynes 

Subscribed  by  vs  in  the  behaulfe  Charles  ffrost 
of  the  Seuerall  Townes  James  Gooch 

Vnderwritteu    /  Hen  :  Williams 


Kittry 

Yorke 

Wels 

Scarbrow 

fl'almouth 


328  DOCUIVIENTARY   HISTORY 

Testimony  of  Bichard  Lockivood  May  20.  1672. 

I  Richard  Lockwood  aged  40  yeers  testify  sayth,  that  to 
my  owne  knowledge  I  doe  know  that  m''  Henry  Greeneland 
and  Captajme  Walther  Barefoot  they  two  have  beene  very 
troblesom  psons  in  y^  goverment  now  wee  line  vnder  espec- 
ialy  to  make  difference  among  vs  to  sett  vs  to  law  to  y® 
mine  of  o''  estates,  one  aganst  another  ploddinge  and  con- 
triving to  wrong  the  povi'e  out  of  these  estates,  w^'^  the 
sayd  Henry  Greenland  knows  that  the  sayd  Richard  Lock- 
wood  hath  beene  a  great  sufferer  through  the  vnrigteous 
actings  of  y®  sayd  Henry  Greenland  and  Captayne  Walther 
Barefoott.  Sworne  to  In  Court  20  May  1672 

g  Edw  Rawson  Secret 


Complaint  of  Richard  LockiDood  May  20.  1672. 

Richar  Lockwood  w'''  humility  complaineth  vnto  this  hon- 
orable Court  of  Assistants  against  Capt"  Walter  Barefoot 
(soe  called)  That  he  conducted  A  suite  against  the  Com- 
plainant in  the  County  of  Yorke  by  Henry  Greenland  his 
then  Attorney  in  the  time  of  their  Revolting  from  the 
w^holsome  safe  Government  of  this  Colonj^  for  A  Debt  of 
ninety  five  pounds  Although  the  Complainant  did  never  owe 
any  such  debt  nor  ever  dealt  with  the  said  Barefoot  for  any 
such  suirie  but  once  recived  such  a  suuie  for  A  quarter  part 
of  a  vessell  he  sold  vnto  y°  sd  Barefoot,  But  (may  it  please 
your  honors)  soe  it  happened  that  by  his  subtilty  &  fraud 
he  did  obtaine  A  judgment  against  me  the  complainant  for 
the  sd  suiiie  &  thervpon  by  virtue  of  an  Execution  did  im- 
prison his  body  for  three  months  space  —  by  which  force 
(least  his  family  might  be  ruined  therby  &  his  vessell  rott 
for  want  of  imployment)  was  constrained  to  give  Bills  of 


OF  THE  STATE  OF  MAINE.  329 

his  hand  to  pay  one  hundred  pounds  vnto  the  sd  Barefoot 
for  A  discharge  from  the  sd  Execution,  ffivety  pounds  of 
which  is  payed.  And  the  other  fivety  pound  bill  yet  stand- 
ing out  y""  lion"  Complainant  feareth  to  be  arested  &  im- 
prisoned vpon  the  same.  Vpon  the  serious  consideration  of 
the  premesies  by  your  honors  your  complainant  humbly  re- 
questeth  (if  possible)  that  your  Authority  may  please  to 
restraine  the  sd  Barefoot  from  sveing  vpon  the  sd  fivety 
pounds  bill  vntill  I  have  had  a  new  tryall  vpon  the  abovesd 
suite  in  A  convenient  time  to  be  set  by  your  honors  which 
is  the  humble  request  of  him  that  w-isheth  all  happiness  & 
prosperety  vnto  your  honors  &  subscribeth  himself  your 
honors  most  humble 

servant, 

Dated  at  Boston  the 

20th  of  May.  1672.  Eich  :    Lockwood  : 


Order  (hat  Tovmfs  in  Yorkshire  to  make  their  several  Mates. 
May  23.  1672,  not  consented  to  by  the  Deputies. 

The  magis*'  having  perused  the  Instruction  by  this  Court 
Given  to  their  Comissioners  in  Aprill  G8  :  &  their  Corais- 
sione"  Rcturne  as  to  the  reassuming  ou''  Gouernment  in 
Yorkshire  Judge  it  meetc  to  Declare  y'  the  lettc"  sent  to 
Richard  Russell  Esq""  Tresure""  excusing  themselues  or  deny- 
ing to  give  the  Treasurer  sattisfaction  in  making  &  paying 
their  Rates  Anvally  as  the  law  Directs  :  are  :  farr  from  sat- 
tisfaction. &  therefore  order,  that  the  seuerall  Towncs  in 
Yorkshire  &  y"  selectmen  threof  are  herel^y  required  to 
make  their  seuerall  Rates  according  to  the  Treasure"  war- 
rants, &  to  make  their  returnes  to  him  for  what  is  past  & 
what  is  to  Come.  It  being  Just  that  they  having  binn 
vnder  the  enjoyment  of  equall  priuiledges  w^''  the  seuerall 


330  DOCUMENTAEY  HISTORY 

Count}''  &  Tonnes  of  this  Jurisdiction  they  should  be  liable 
to  beare  their  Jus*  proportion  in  all  annuall  Charges  for  the 
support  of  this  Gouernni*.  The  magis'^  haue  past  this  as 
their  Brethren  the  Deputies  hereto  Consenting. 

23^^  May  1672.  Edw.  Rawson  Secret. 

The  Deputyes  consent  not  hereto  but  Judge  meete  to 
reniitt  all  their  former  rates  due  to  the  Country  o'  Houo''f 
magistrates  Consenting  hereto. 

William  Torrey  Cleric. 


Government  to  he  Settled. 

It  is  ordered  by  this  Court  vppon  the  desire  of  many  of 
the  Inhabitants  in  and  about  Kennebeck  &  t]ie  places 
adjacent  in  the  Easterne  pts,  that  some  psons  be  Comission- 
at*?  to  settle  Goverment  there,  the  greatest  part  thereof 
fallinge  within  the  bounds  of  this  Collony  as  the  lyne  was 
last  Run.  the  Deputyes  haue  past 

this  Desireinix  the  Consent  of 

o"^  Hon^'f  magistrates  hereto. 

William  Torrey  Cleric. 


To  the  Honoured  Govern!  Deputy  Governo'  with  the 
Magistrates  &  Deputies  now  assembled  in  the  Gen"  Court 
houlden  at  Boston  the  9'^  of  October  1672// 

Whereas  at  the  last  session  of  this  Honoured  Court  there 
was  a  petition  prsented  to  them  by  the  inhabitants  of  Ken- 
ebeck  Cape-bona-wagon,  SheepsCott,  Damaras  Coave  Pemi- 
quid  &  Mouhegeu  therein  Requesting  this  Honoured  Court 


OF  THE  STATE  OF  MAINE.  331 

to  take  them  under  the  wins;  of  then-  o-overDiii*  and  which 
petition  this  honoured  Court  Avas  pleased  so  farr  to  accept 
of  as  to  write  a  letter  to  them  giveing  them  therein  some 
hopes  of  setling  a  government  amongst  them  and  which 
letter  they  ordered  to  be  comitted  to  me  for  to  be  delivered 
to  Leift  Gardiner  and  Leif^  Davys  with  order  that  they 
should  publish  the  same  to  the  said  inhabitants :  Which 
accordingly  I  did  deliver  to  Leift  Davys  and  the  said  letter 
was  read  publiqjly  to  the  said  inhabitants  in  my  heareing : 
"Who  Reed  the  same  with  great  thankefuUness  :  manifesting 
them  selves  Exceedingly  obliged  to  this  honoured  Court  for 
their  great  care  there  in.  The  like  I  understand  was  done 
by  Leift  Gardiner  in  those  parts,  and  there  received  with 
the  like  satisfaction.  And  the  said  inhabitants  have  desired 
me  to  prosecute  their  former  petition  at  this  session  of  this 
Honoured  Court  that  they  may  be  under  some  setled  gov- 
ernm* :  ITor  besides  many  other  inconveniencies  that  doe 
accrew  by  the  want  of  a  setled  Goverii'  there  are  severall 
transgressors  that  flye  away  from  these  parts  &  take  sanc- 
tuary there  the  said  inhabitants  haveing  no  powre  to  secure 
them .:  Severall  such  haveing  come  thether  this  yeare  as  well 
as  formerly  as  is  well  knowne  to  some  in  this  Court  as  well 
as  to  my  selfe  thus  comeuding  their  Request  to  yo""  prudent 
Caire  I  am 

Yo^'s  to  Serve 

Richard  Collacott  in  the  name  of 
the  above  said  inhal)itants/ 

In  Answer  to  this  pet.  The  Deputyes  haue  appoynted 
Cap^  llutchcnson  &  Leiu*  purchis  to  Joy  no  with  some  of  o' 
Ilono"'  ^lagis'*  to  Advise  with  the  petitio""  aI)out  the  matters 
Contayned  herein  &  to  draw  vp  what  they  Judge  necessary 
in  answer  to  the  desires  of  the  Inhabitants  aboue  Mentioned 
makein"-  returnc  to  the  Court  with  rcllerence  to  the  Consent 
of  o'  Ilono"'  magis^  hereto. 

"William  Torrey    Cleric. 


332  DOCUMENTARY   HISTORY 

Majo""  Dennison  is  Appointed  to  Joyne  in  this  Comittee  by 
y®  magis*' 

11  8.  72.  Edw  Rawson   Secret. 


To  tlie  Honoured  Govern''  Deputy  Govern''  with  the  Mag- 
istrates &  Deputies  now  assembled  in  the  Generall  Court 
houlden  at  Boston  the  9*"  of  October  1672 

Whereas  this  honoured  Court  at  their  last  Session  did 
accept  of  the  petition  of  Richard  flfoxwell  &  Richard  Coui- 
ino-s  and  did  order  their  case  to-be  heard  at  the  Countie 
Court  for  Yorkeshire,  then  following :  the  which  the  said 
flfoxwell  and  Coinings  attended  and  the  said  Countie  Court 
was  upon  Issuing  out  warrants  to  bring  in  the  said  defen- 
dents  :  one  Giles  Burge  being  there  tould  the  said  court 
that  he  was  John  Jacksons  atturney  and  had  powre  to  an- 
swer &  would  answer  for  him  :  And  the  said  Court  allowed 
him  two  days  time  before  they  called  him  and  when  he  was 
called  he  pleaded  that  the  Law  allowed  him  six  dayes  warn- 
ing:  And  so,  Refused  to  make  any  farther  answer:  And 
since  which  time  the  said  flfoxwell  &  Coinings  have  beene 
greatly  injured  by  the  said  Giles  Burge  &  John  Jackson  : 
in  their  mowing  the  said  jffoxwell  &  Coinings  meddowes  and 
in  takeing  away  their  Hay  to  their  great  losse  &  damage ; 
and  the  said  flfoxwell  &  Comings  have  no  way  of  Releife 
Except  this  Honoured  Court  shall  be  pleased  to  consider  of 
some  way  whereby  they  may  peaceably  Enjoy  their  just 
Rights 

And  so  have  desired  me  to  pQsent  this  their  Condition 
to  this  Honoured  Court  who  am 

Yor^  to  serve 

Richard  Collacot. 


OF    THE    STATE    OF   MAINE.  333 

As  to  the  way  that  is  judged  most  meet  for  the  issuing 
and  determining  of  all  Controversyes  amongst  them  and  that 
the  said  ffoxwell  &  Comings  may  enjoy  their  just  &  proper 
Rights  is  :  that  this  honoured  Court  may  please  to  order 
that  all  the  said  partj'es  may  appeare  at  the  next  Countie 
Court  at  Yorke  &  there  make  their  Respective  pleas  :  Which 
I  leave  to  the  judgm'  and  determinacon  of  this  honoured 
Court 

The  Deputyes  Judge  meet  that  this  Case  be  heard  by  a 
Comittee  vpon  the  place  &  to  that  end  haue  Chosen  Cap' 
Walderne  &  Cap'  Charles  ffrost  to  Joyne  with  some  of  o'' 
Hono'^'^  magistrates,  who  are  hereby  Invested  with  full 
power  to  Call  all  psons  Concerned  before  them  &  to  examine 
the  grounds  of  all  ditferences  aboue  mentioned  &  to  make 
returne  thereof  to  the  next  Court  of  Election  the  Deputyes 
have  past  this  with  retierence  to  the  Consent  of  o""  Houo"^*^ 
Magis''  hereto. 

11  (8)  1672 

The  magis'^  Consent  not  hereto  but  Referr  the  peticoners 
to  a  triall  at  the  next  county  Court  in  Yorkshire  their 
brethren  the  Deputys  hereto  Consenting 

Edw  Rawson    Secret. 

Consented  to  by  the  Deputs 

William  Torrey  Cleric. 


Letter  Edw.  Illshworth  to  Capt.  Rich:  Wcddeii, 
May  1,  1673. 

Cap'  Walden,  after  my  respects  to  you, 

Sir,  as  you  may  remember  I  motioned  a  Imsincs  to  you 
about  some  necessary  Charges  due  to  several!  grsons  w'"iu  I 


334 


DOCUMENTARY   HISTORY 


my  sclfe  am  something  concernd,  if  it  bee  the  Courts 
pleasure  to  consider  them,  relateing  to  y*'  troublesome 
occurrences  about  Henery  Greenland  Barefoote  &  others 
both  vexatious  &  expenciue,  to  the  satisfying  w''of  their  hath 
not  been  y^  least  returne  of  any  thing  either  to  officers  or 
others,  although  the  Marshall  yo''  Neighbour  Bray  hath 
spoken  to  mee  diverse  tyms  about  it,  &  truely  I  haue  noe 
neede  to  luforme  you  y*  if  there  bee  not  just  Icoragemts  in 
such  cases  espetially  amongst  us,  prsons  will  be  very  slow 
in  y''  motions,  to  assist  or  promote  any  publique  concern e  : 
I  haue  here  Inclosed  the  Accopt,  brought  in  to  mee  by  some 
of  them  onely  M""  John  Hooles  whom  I  haue  not  lately 
spoaken  with  all  w°''  I  suppose  is  about  tenn  shillings,  w'^'' 
they  doe  desire  you  would  bee  pleased  to  shew  vnto  the 
Court,  &  If  the  Hono"""'  Court  thinke  meete  to  order  the 
Treas"^  of  the  Countrey  who  received  Greenland^  fine  in 
money  to  pay  them  y""  ^equitable  demands  in  the  same  speties. 
It  would  be  very  Incorageing  &  acceptable  to  y"",  as  a 
further  obligation  of  y'"  thankefuUness  &  service  if  neede 
required.  Sir,  I  make  bould  to  trouble  you  in  the  pemisses, 
because  wee  haue  noe  Deputy  from  our  Town,  this  yeare,  & 
If  any  thing  bee  ordered  by  y'^  Court  o*"  desirs  are  you 
would  take  It  vp  in  our  behalfes,  w'^'^  is  all  at  prsent,  from 
yours  in  all  due  respects. 

May  :  i  73.  Edw  :  Rish worth/ 

[Superscribed] 

ffor  Cap*  Richard 

Walden,  these 

Deliv"-   att   his 

house  att  Chutt- 

chechah. 


OF  THE  STATE  OF  MAINE.  335 

Henry  Greenland. 

An  Accomp'  of  severall  gsons  touching  charges  an  ex- 
pences  about  Henry  Greenlan  d/ 

in  or  about  Decenib''  1671 
Irapd  to  John  Bra}^  for  expences  at  his 
house  by  y®  Marshall  &    others    w° 
the  Marsh' :  Received  y«  Goue'"^  war-  01  :  00  :  00 

rant  to  take  Greenld 
To  the  County  Marshall  for  severall 

days  tyme  &  expences  in  executing  01  :  10  :     0 

the  sayd  warrant 
To  the  charges  of  Jo"^  Hoole  Consta- 
ble of  Kittery  :  00  :  10  :     0 
To  y'^  ReCor :  for  severall  Entrys   & 

transcripts  about  that  busines,  01  :  00  :     0 

04  :  00  :     0 
This  Aecop*  given  in  to  race 
by   the   Marshall    Nathtt 
Maysterson  this    i   May : 
73  :  as  Attests 

Edw  :  Rishworth/ 

The  Deputyes  Judge  meete  to  allow  this  bill  of  fowre 
pownds  to  be  payd  by  the  Country  Treasurer  in  money  o"" 
Houo'''^  magis''  consenting  hereto  17"^  (3)  1G73 

"William  Torrey  Cleric/ 

The  magis**  consent  not  hereto  but  Referr  y®  determina- 
tion hereof  to  y*"  County  Court  at  Yorke  who  is  to  order 
payment  if  it  is  due  as  the  Court  directs. 

Edw.  Rawson  Secret/ 


336  DOCUMENT AEY    HISTORY 

The  Deputyes  consent  hereto. 
May  19  73  John  Richards  g  order/ 


Whereas  Cap'^  Thomas  Clarke,  &  Cap',  Tho  :  Lake  of  Bos- 
ton in  New  Enghmd  M''chants  did  formerly  graunt  vnto 
Robert  Morgan  &  Mary  his  wife  a  parcel  I  of  land  at  Tuisset 
on  Kenybecke  riuer  part  of  the  hind  they  purchased  of 
Edward  Bateman  &  ordered  m""  Sylvanus  Davis  theire  At- 
torney to  giue  them  a  deed  for  the  said  land  &  bound  y° 
same.  Now  Know  all  men  by  these  p^'sents  That  the  s'^ 
Sylvanus  Davis  Atturney  to  y"  s*^  Tho  :  Clarke,  &  Tho  : 
Lake  &  by  their  order  Doe  hereby  giue  &  grant  vnto  y* 
said  Robert  Morgan,  &  Mary  his  wife  a  parcell  of  Land 
part  of  that  Land  w°''  they  y®  said  Clarke  &  Lake  purchased 
of  Edward  Bateman  Lying  &  being  at  Tuisset  on  Kenybecke 
river,  bounded  on  y®  south  by  Tuisset  Gut  &  westwardly  by 
Zashadohocke  Riuer,  &  Northerly  by  y^  Land  of  the  said 
Clarke  &  Lake  w"'  part  of  y®  land  purchased  of  y^  said 
Bateman)  as  shalbe  laid  out,  &  Trees  mark't  &  hereafter 
mentioned  &  Easterly  part  of  a  Creeke  y*  runs  vp  y®  marsh 
&  partly  by  Meaguasset  Bay,  To  haue  &  to  hold  &  peace- 
ably enjoy  the  said  Land  to  him  y^  said  Robert  Morgan,  & 
Mary  his  wife  for  them  &  theire  heires  for  euer,  in  as  good 
&  firme  manner  in  euery  w^ay,  as  they  the  said  Clarke  & 
Lake  hold  y^  said  Land  purchased  of  y®  said  Bateman  w"^ 
out  any  molestation  or  interuption  from  y®  s^  Clarke  & 
Lake,  theire  heires,  Executors  &  Adm"  or  any  person  or 
persons,  claiming  any  right.  Title  or  Interest  in  y®  same,  by, 
from,  or  vnder  them. 

prouided,  all  way  es.  That  the  s'^  Robert  Morgan  &  Mary 


OF  THE  STATE  OF  MAINE.  337 

his  wife,  or  either  of  them,  theire  heires  or  assignes,  or  any 
of  them,  doe  well  &  truly  pay  the  said  Clarke  &  Lake, 
theire  heires  &  asigues  at  Arrozicke  house  the  summe  of 
Two  shillings  g  annum,  in  corne,  butter, ,  or  mony  at  or 
vpon  the  first  day  of  September  in  euery  yeare  for  euer,  or 
in  case  any  hand  of  Gods  prouidence,  preuent  y®  paying  the 
said  Two  shillings  on  y^  s''  tirst  day  of  7''""  then  to  pay  y^ 
same  on  any  day  of  y*^  s'^  monetli  of  7*"^''.  In  witnesse  where- 
of we  haue  hereunto  set,  to  our  hands  &  seales  at  Arrosick 
house  this  30"'  day  of  July  in  the  yeare  of  our  Lord  1673 
&  in  the  Twenty  fifth  yeare  of  his  Majesties  Eeigne 
Signed  Sealed  &  The 

deliuered  in  marke  >C*  of 

p'^sence  of  j^_ 

H  :  ffrensham  Robert  Morgan 

Tho  :  Ashly  Jun""  w    . 

the  marke  l/lJ  ot 

Mary  Morgan 

The  Northerly  bounds  of  y^  land  aboue  mentioned  in  this 
deed  to  be  laid  out  &  bounded  is  as  followeth. 

Begining  at  an  Oake  marked  w"'  M  ouer  against  y^  North- 
erly end  of  an  Island,  in  y^  marsh  where  the  Creeke  in  y® 
marsh  comes  close  to  y''  s''  marked  tree.  &  soe  to  a  pine 
tree  about  Twenty  Rod  westerly,  marked  w"'  M,  then  to  ah 
oake  tree  standing  on  y"^  Northerly  part  of  a  l)lacke  Rocke 
ni'ked  w"'  M  &  soe  due  West  to  y'=  maine  riuer.  In  wi/t- 
nesse  whereof  I  Syluanus  Davis  haue  put  to  my  hand  this 
22 


338  DOCUMENTARY   HISTORY 

first  day  of  August  1673  &  written  vnder  theire  deed  as  is 
aboue  mentioned 

Syluanus  Davis/ 
Signed  in  p'sence  of  the  witnesses 
following  who  were  j/sent  at  y® 
marking  &  bounding  y^  s**  land 
The  I  B  marke 
Jn°  Buttry 
L  M  Vons 
H.  fi'rensham 

March.  7.  166| 
Ko1)*  Morgan  sels  to  Lawrence 
Denis  one  halfe  of  my  plan- 
tation lying  &  being  scituate 
upon  Tuesack  Neck  :  Recorder 

g  Walter  Phillips  fo.  49. 


Petition  of  Inhabiters  of  Kittery. 

The  hurabell  Adres  of  the  Inhabiters  of  the  Lower  de- 
uision  of  the  Towne  of  Kittery 

Most  Honouered  Gouernar  ower  humbell  petishion  to  your 
honour  is  that  you  would  be  pleased  to  giue  vs  a  hearing  of 
ower  humbell  request  to  your  honour  and  to  Consider  ower 
agreuances  and  to  haue  a  fVirtherly  Care  ouer  vs  in  preuent- 
iuir  those  incombrances  that  hinder  the  Caring  On  of  the 
gospell  disspencasions  amongest  vs  which  will  oblagge  vs 
your  humbell  petishoners  to  pray  for  your  euerlasting  wel- 
fare and  hapines. 

Honoured  Gouernar  that  which  M""  Isack  Wells  at  his 
first  coming  did  informe  vs  wase  nomore  but  this  that  he 
being  invited  by  ov/er  freud  John  Bray  to  come  downe  to 


OF  THE  STATE  OF  MAINE.  339 

vs  we  haueing  noe  minister  nor  Scobnaster :  wase  at  the 
same  time  coming  to  your  honour  to  Acquainte  you  of  his 
Intenshion  of  setling  at  Roxbury  with  bis  Kinsman  and  that 
he  Accwinted  your  Honour  of  the  invitashion  of  ower  frend 
John  Bray  and  desired  your  honours  adiiise  in  it  and  that 
your  honour  did  parmit  him  to  Come  if  he  bad  a  desire  and 
told  him  he  might  haue  3  weeks  time  to  see  and  vpon  bis 
returne  be  might  aquinte  your  honour  how  he  found  the 
people  and  farder  be  sayd  that  if  he  had  not  at  all  Accwinted 
your  honour  with  it  he  would  not  haue  Come  vnto  vs  which 
caused  vs  to  giue  your  honour  humbell  tbankes  and  when 
he  returned  from  Boston  when  he  presented  your  honour  a 
Letor  from  vs  and  a  note  of  the  parisboners  bandes  whoe 
did  desire  M""  Wells  to  preach  vnto  vs  one  yeer  and  bad  bis 
asent  and  promised  to  continew  with  vs  if  be  had  your 
honours  consent  he  informing  vs  of  a  leter  writer  to  your 
honour  agenst  ower  proseding  and  seuerall  things  agenst  him 
&  desired  vs  to  acwite  him  of  his  Iniagement  for  he  had  noe 
athority  to  preach  but  would  be  gon  if  we  would  be  satisfied 
y*  his  Iniagement  was  voyed  but  we  the  in  babitance  of  the 
Towne  being  all  resolued  y*  had  made  Choyes  of  him  to 
Accwint  your  honour  y*  he  was  wronged  and  Judged  it  ower 
duty  to  satisfie  your  honour  Consarning  what  we  bad  found 
by  him  did  desire  him  to  stay  a  while  with  vs  and  to  preach 
&  he  preacht  one  Lords  day  and  then  kept  the  publick  fast 
and  preacht  one  Lords  day  more  and  then  bering  of  a  Leter 
that  flVances  Ilooke  did  pub  at  yourke  and  at  great  Hand 
and  at  seueral  other  townes  declaring  it  was  from  your 
honour  agenst  him  be  Left  preach  before  he  sawe  it  &  neuer 
saw  it  but  once  of  Late  nor  neuer  beard  ffrances  Ilooke  Let 
him  nor  the  Townsmen  haue  a  copy  of  it  Though  be  bath 
seuerall  times  promised  he  should  buue  a  copy  and  be  wase 


340  DOCUMENTAEY   HISTORY 

the  man  that  Caused  M'"  Thomas  Wells  whoe  was  formerly 
ower  minister  to  Leaue  the  Towne  when  he  had  bine  with 
vs  one  yeer  ore  therabouts  and  we  could  neuer  obtayn  one 
senc  till  thirow  prouidence  M'  Isack  Wells  came  and 
preacht  amongest  vs  which  we  Judge  by  his  doctring  Life 
and  conuersation  to  be  a  pious  godly  Christian  and  Awthor- 
dox  ore  sound  in  his  Doctring  acording  to  the  howlsom 
Lawes  of  New  englaud  nowe  established  amongst  vs  which 
we  humbly  Judge  with  your  honours  Approbasion  of  :  may 
giue  him  freedom  to  teach  amongst  vs  which  is  ower  humbell 
request  to  your  honour  if  you  se  it  conuenient  howeuer  we 
comit  ower  selues  to  the  prouidence  of  y®  Almighty  and  to 
your  Christian  fatherly  care  ouer  vs  as  we  pray  the  Lord  to 
derect  your  honour  in  Althings  y*  may  tend  to  his  glory 
and  ower  euerlasting  hapines.  Theise  are  the  particular 
things  which  M''  ffrances  Hooke  hath  Confessed  before 
Magier  Walldron  &  M''  Moody  &  M*-  Reyner  &  M^'  Den- 
nison  that  he  wrotte  to  the  gouernars  Honour  to  Bouston 

first  y*  M"^  Wells  should  the  first  Lords  day  preach  that 
he  had  noe  need  of  a  Leter  of  recomendasion  but  he  had 
brought  one  from  M'^  Robert  Mashall. 

And  that  he  sayd  in  the  aftour  part  of  the  day  ray  tex 
wase  where  it  was  in  the  forenone  but  that  he  did  not  name 
it.  And  that  he  sayd  that  Peter  &  John  had  noe  Laming 
nor  Christ  neither,  now  in  theise  things  he  hath  charged  him 
falsly  as  we  can  testyfie  whose  names  are  here  vnder  written 
John  Bray  Robert  Mendom  Seleckt  man 

Geoarg  Liscom  M''   Robert  Cutts 

John  Liscom  John  Billing 

Thomas  Withers  Thomas  ffurneld 

Eprem  Crocket  William  ffurneld 

Thomas  Terey  M^  ffrances  Morgen 

Henry  Toocker  Nickolus  Weeks  Constabell 

Thomas  Langly  Enock  Hichings 


OF  THE  STATE  OF  MAINE.  341 

Rise  Thomas  John  Howell 

Digery  Jeffouiy 

William  Dimond    . 

Thomas  Grant 

Geoarg  Liddon 

John  Meredy 

Geoarge  Boren 

Frances  Teegy 

Rise  Thomas 

Jeremiagh  Gooddrig 

Christaner  Michell 

Goyon  Willson 

John  Phillips 

Thomas  Crocket 

William  Roberts 

John  Phenicks 

John  Billing 

John  Balle 

John  Shepard 

Robing  Edge 

Roger  Derent 

Roger  Bering  Juner 

James  Wigings 
M''  Nathaniell  Fryer  the  21^'  day  of  October  hath  Acnowl- 
edged  befor  Robert  Mendvm  Seleckt  man  that  If  it  be  the 
honoured  Gouernars  pleasur  to  purmit  M''  Wells  to  preach 
here  agen  he  shall  liaue  his  approbasion. 


Answer. 

Att  A  meeting  of  the  GoG)  &  Assistants  held  in  Boston 
10  Nouembe'  1673 

In  Ans''  to  tlie  petition  of  seucrall  the  Inliabitants  of 
y*  Lower  Diuission  of  Kittery :  The  Council  after  perusall 


342  DOCUMENTARY   HISTORY 

of  what  hatli  binii  presented  to  them  not  being  satisfied, 
as  to  the  abillityes  &  fitnes  of  M'  Isaace  Wells  to  take 
vpon  him  the  office  of  a  Teacher  to  a  people  :  not  the 
best  able  to  Disce'ne  between  sound  &  vnsound  doctrine  &c 
doe  hereby  declare  that  they  Cannot  Approve  of  his  staying 
among  the  people  there  for  that  End  and  Doe  prohibitt  him 
any  more  to  preach  amongst  them,  and  that  the  people  there 
may  vnde'  stand  the  good  desire  of  the  Council  to  promote 
their  best  welfare  for  their  oediffication  in  the  things  of  God 
they  haue  so  farr  taken  the  matter  of  their  peticon  into  their 
consideration  as  that  It  shall  not  be  longe  ere  they  shall 
comend  an  orthodox  &  pious  preache'^  to  labo'  amongst 
them,  not  doubting  of  theire  readines  to  afford  good  incour- 
agement  to  him  that  shall  so  labour  amongst  them.// 

Richard  Russell,  &  Thomas  Danforth  Esq"  are  for  that 
end  desired  by  the  Council  to  treat  w^*^  some  meete  &  able 
person// 

past :  E.  R.  S  : 


Proposals 
To  the  King's  most  Excell*  Majesty. 

The  humble  Proposalls  of  William  Earle  of  Stareling  : 
Ferdinando  Gorges  Esq'^  &  Rob*  Mason. 

That  whereas  we  are  Proprietors  of  three  of  the  Princi- 
pal! Provinces  in  New  England  &  are  willing  for  y®  seruice 
of  yo""  Ma*'^  &  the  good  of  this  Kingdome  to  surrender  up 
o""  pattents  for  y®  same  to  yo""  Ma*^®  whereby  yo*"  Ma*^^  will 
haue  a  just  right  to  send  over  one  generall  Governour  for 
those  three  Provinces  &  settle  a  moderate  governm*  sutable 
to  y®  Condition  of  y®  people  und"^  yo""  Ma*^^*  imediate  Author- 
ity which  will  be  a  meanes  not  only  to  hinder  the   farther 


I 


OF   THE    STATE    OF   MAIXE.  343 

incroaclim**  &  usurpations  of  the  Corporation  of  Boston  but 
in  a  short  time  to  reduce  them  allsoe  under  yo""  Ma*'®^  imedi- 
ate  Governm*  &  very  much  to  y*  profit  of  yo'  Ma*'®  &  People 
there 

In  Consideration  hereof  &  of  the  great 
Sumes  of  mony  Expended  by  o'"  An- 
cestors in  planting  Peopling  &  im- 
proueing  the  Countr  doe  only  humbly 
desire  New  Grants  from  yo""  Ma*^®  of 
one  third  Part  of  all  y®  Customes, 
Rents  Fines  &  other  Profits  which 
shall  be  made  in  y®  said  Provinces,  or 
such  other  reasonable  Compensation 
in  Leiu  thereof  as  yo*"  Ma*^'®  shall 
thinke  fitt.  Rob*  Mason 

At  Whitehall  this  20*'^  day  of  March  1678 

It  is  his  Ma"®^  Pleasure  that  these  Proposalls  be  referred 
to  the  Lo  Com"  of  P'orraine  Plantacons  to  consider  of  them 
&  make  their  Report  with  w*  convenient  speed  they  may  to 
his  Ma"®  who  will  y*^  further  declare  his  Pleasure 

H:  Coventry 


Court  at  Pemaquid,  ^c. 

At  a  courte  held  at  Pemaquid  22  Jul}"- 
1674  by  Major  Tho :  clarke  Humphry 
Dauie:  Rich*^  Collicut,and  Lef  Thomas 
Gardner  according  to  commission  and 
order  of  the  Generall  Courte  of  the 
Massatuscts  collony,  Dated  in  Boston  in 
N  :  E:  27  day  of  May  1674 
coppie  where  of  is  here  recorded  — 


344  DOCUMENTARY   HISTORY 

Boston  in 
New  England        At  a  general!  court  held  at  Boston  vi  day 
of  May  1674 
(seaie  )  In  pursuance  of  an  order,  at  the  general 

court  in  October  1673,  It  is  ordered  that 
Major  Th®  Clarke,  m'^  Humphry   Dauie 
ra'  Richard  Collicutt,   and   Lief*  Tho* 
John  Leueret  Gardner,  or   any  two  of  them   whereof 

Major  Th**  Clarke  to  be  one  are  fully 
hereby  Impowred,  to  repaire  to  Pemma- 
quid,  Capenawaghen  Kennebec:  &c  .  or 
some  one  of  them  to  the  eastward,  or  there  or  some  one  of 
those  places  to  keep  a  court  as  a  County  Court,  to  giue  oaths 
to  the  constables,  there  appointed,  as  allso  to  appoint  and 
Impower,  meett  persons,  Inhabitants  tliere  to  such  offices, 
and  places  as  far  as  they  be,  within  the  lyne  of  our  pattent, 
according  to  god  and  the  wholesome  lawes  of  this  Jurisdiction 
that  soe  the  way  of  godliness  may  be  encoredged  and  vice 
corrected.  And  it  is  hereby  farther  declared,  that  the  Gen- 
tlemen aboue  mentioned,  shall  be  and  here  by  are  Impowred, 
to  Appointe  commissioners  courts,  for  the  ending  of  small 
causes,  which  commissioners  shall  haue  magistraticall  power 
in  marring  such  as  are  duly  and  Legally  published  according 
to  law,  as  allsoe  to  punnish  criminall  offences  and  the  county 
court  is  here  by  impowred  to  settle  the  Militia  in  those 
places,  and  in  all  places,  where  there  are  not  fremen,  they 
may  make  use  of  any  fitt  men  prouided  they  haue  taken  the 
oath  of  fidellity,  any  thing  in  the  law  to  the  contrary  not 
withstanding  By  the  court  E*^  Rawson 

Humphry    Dauie,    Richard   Collicutt,    and    Leift    Tho : 
Gardner,  tooke  theire  oaths  according  to  Law. 


Leif  *  Th"  Gardner  is  appointed  treasurer,  as  county  treas- 
urer, from  Kennebeck  eastward  within  the  lyne,  which  many 


OF  THE  STATE  OF  MAINE.  345 

of  the  Inhabitants  desireing,  may  be  called  the  county  of 
Devon,  this  court  confirm  the  same  or  take  farther  order. 

The  inhabitants,  of  the  severall  places  in  this  county,  haue 
been  warned,  and  a  considerable  company  appearing,  the 
court  caused  the  comission  and  order  of  the  generall  court, 
aboue  said  to  be  publicklj^  read  : 

Richard  Olliuer,  of  Monheghen,  is  nominated  and  appoint- 
ed to  be,  recorder  and  clarke  of  the  courts  of  this  county, 
who  took  the  oath  accordingly. 

Thomas  Humphries,  cunstable  at  Saggerdehock,  and 
Kennebek:  Robbert  Gammon,  of  Capenawaghen,  William 
Walters  of  Dammeralls  coue  John  Dolling  of  Monheghen, 
tooke  theire  oaths  as  cunstables  allsoe  Th''  Cox  of  Pemma- 
quid  :  tooke  his  oath  allsoe. 

The  Grandjurimen  tooke  theire  oaths  allsoe,  according  to 
law  for  their  seuerall  places  as  followeth  — 

Robbert  Edmunds,  Ambrosse,  Hannewell, 

John  Uerrine  of  Saggerdehoke 

John  Wriford,  Elias  trick,  John  :  Pride  :  of  Dammeralls 
coue. 

George  Bickford :  Reynald   Kelly :  of  Monheghen 

John  Cole  of  Pemmaquid. 

The  Constables  &  grand  Jury  men  aboues^  tooke  the  oath 
of  fidelity  (only  John  Pride  tooke  his  oath  at  Salem)  as 
alsoe  thes  psons  following  present  Inhabit*^ 

Capt"  Edmund  Pattishall  m'  Ickabod  Wiswall,  m''  Richard 
Oliver,  W"»  Bickford  Edward  Barton  Rich'^  Hill  Henry  Curts 
ffrancis  P>rown,  Rich*^  Warren  :  henry  Stoakes :  W'"  Denbo 
Edward  Dorr  Jn"  Dare  Geo  :  Burnett:  Nic°  Osburno  Tho  : 
Parker  David  Oliver  Emanuel  Witchalls  Jn^  Cock :  Tho  : 
Phillips  :  Tho:  Hcbnan  Nic^  Carary  :  Jn°  Parker  :  Nic°  Den- 


346  DOCUMENTARY   HISTORY 

ning  :  Abel  Haggeridg  :  Edward  Cole  :  Ju°  Wildgoose  Tho  : 
Parnell:  Aaron  Beard:  Greggory  Langsberry;  Abra :  Clarke 
Tho  :  Coxe  Juii'"  :  Henry  Curtis  Jun'  :  Shadrick  cox :  Richard 
cox  :  Rich'^  Pearce  Jun*" :  Robert  Cawly  Tho  :  Adger  :  Richard 
Bradaway  :  Rich^  Bucknell :  W™  Edwards:  Tho  :  Cox  :  W°» 
Waters  :  W°^  Welcome  :  Ju°  Bessell :  Peter  Collins  :  Rich** 
Glass.  Tho""  Phillips  Hen  :  Palmer  Jn«  Palmer  Jun'"  Phillip 
Brye :  W^  Phillips  :  Jn-^  Stover:  Jn°  Palmer  sen'"  :  Rob*  Ed- 
munds :  James  Widger  :  Tho  :  Haels  :  Jn*'  Gingden  :  Nic°  Val- 
lack :  Jn°  Selman  :  William  Trout :  Nic"  Heale  :  Geo  :  Buck- 
nell :  W"^  Cox :  Th'*  Cox. 

The  Constables  of  each  place  in  this  County  were  ordered 
to  call  the  Inhabitants  togeth'"  and  to  Read  or  cause  to  be 
read  the  lawes  of  this  Juyisdiction  vnto  y""  in  Convenient 
time. 

Administration  to  the  estate  of  John  Walter  a  fisherman 
somtymes  Resident  at  Monheghen  &  sonietymes  at  Damerells 
coue  who  dyed  about  four  yeares  since  is  granted  to  Geo  : 
Burnett  Resident  at  Monheghen  who  is  to  dispose  of  the 
same  according  to  the  cleerest  testimony  of,  and  to  whome 
y®  Estate  doeth  belong  &  to  bring  in  an  Inventory  of  the 
same  to  y  ®  next  comission  Court,  heere,  &  himselfe  as  prin- 
cipall  &  Rich*^  Oliver  as  Suerty  doe  bind  themselues  in  fifty 
pounds  a  peece  that  this  Order  shallbee  attended  &  pforraed. 

These  psons  ffollowing  are  Nominated  &  approved  as  Sar- 
geants  &  Corporalls  to  Exercise  Millitary  Discipline  to  y® 
Inhabitants  in  the  severall  places  according  to  law  ffor  Sag- 
gadehock  &  Kennebeck  Tho :  Humphryes  Sargeant  & 
James  Middleton  Corporall. 

ffor  Damarells  Coue  &  Hippocras.  Jn°  Bessell  Sargeant  & 
William  Trout  Corporall.  ffor  Monheghen  John  Dolling  Sar- 
geant &  he  to  choose  his  Corporall  there. 


OF  THE  STATE  OF  MAINE.  347 

ffor  Cape  bone  Waggon  Rob*  Gamon  Sargeant  &  to  choose 
his  Coi'porall  there. 

Lieftenant  Tho  :  Gardner  is  appoynted  &  Impowred  to 
haue  y«  CoiTiand  &  Regulation  of  all  the  Millitary  forces  & 
of  y®  affayres  thereof  in  the  severall  places  of  this  county 
and  pticulerly  of  Pemyquid. 

Lieftenant  Tho  :  Gardner  of  Pemaquid :  Capt"  Edmund 
Pattishall  of  Kenebeck,  Jn«  Palmer  Senio''  of  Monheghen 
&  Rob*  Gammon  of  Cape  bone  Wagen  are  appoynted  and 
Impowred  by  this  Court  as  Comission''*  for  y®  yeare  Ensuing 
and  they  or  the  Majo''  parte  of  them  to  hold  &  keep  Comis- 
sion"  Courts  in  such  places  and  as  often  as  they  shall  see 
Cause  within  this  county  of  Devon  for  y^  Ending  of  Small 
causes  according  to  law,  who  alsoe  haue  magistraticall  power 
in  marrying  such  as  are  duly  &  legally  published  according 
to  law,  as  alsoe  to  punish  Criminall  offences  according  to 
the  gticular  Order  of  the  Generall  Court  Dated  27  May 
1674  in  boston 

These  persons  ffollowing  are  chosen  to  be  Clarkes  of  the 
Writs  in  severall  places  viz* 

In  Saggadehock  &  Kennebeck  Tho  :  Humphryes 

In  Monheghen  Richard  Oliver 

In  Damerells  Coue  William  Walters 

In  Capebonewaggon  Robbert  Gamon 

Thomas  Humphryes  is  nominated  &  appoynted  Marshall 
for  this  County  of  Devon  who  is  to  take  charge  for  securing 
Sucli  persons  to  be  couimitted  to  prison,  according  to  law, 
and  to  receaue  the  fees  allowed  prison  keepers  by  law  or 
Custome. 

The  persons  following  are  appointed  &  haue  liberty  to 
keepe  houses  of  pid)li(pie  intcrtaynmente  &  are  to  be  pro 


348  DOCmiENTARY   HISTORY 

vided  with  permits  &c  accordingly  and  to  retayle  beere 
wjne  &  liquors  in  y^  severall  places  for  the  yeare  Ensuing 
according  to  Law 

ffor  Monheghen  Jn°  Dolling 

ffor  Saggerdehock  &  Kennebeck  William  Cock 

ffor  Damerells  Coue  John  Wriford 

ffor  Capebonewagon  Edward  Barton 

ffor  Pemequid  Ju"  Cole  alsoe  Lieft*  Gardner 

to  his  fishermen  &  Jn°  Earthy 

ffor  Corbin  Sound  George  Bucknell 

It  is  Ordered  That  warrants  be  issued  out  for  y®  levying 
of  twenty  pounds  vppon  the  Inhabitants  of  this  county  for 
Court  charges,  Law  bookes,  Constables  Staves  &c  viz*  vpon 
Saggadehock  &  Kennebeck  four  pounds  vpon  Monheghen 
fiue  pounds  x^  vpon  Cape  boue  Waggon  three  pounds  x*  vp- 
pon Dammerells  Coue  &  hippocras  fiue  pounds,  &  on  Pemy- 
quid  40^  and  that  the  Comission'"^  where  any  is  with  the 
grand  Jury  men  and  constable  in  each  place  shall  equally 
Levy  the  same  on  y®  gsons  &  estates  of  y®  Severall  inhabi- 
tants to  be  collected  by  y^  Constables  &  delivered  to  Lieften* 
Tho  :  Gardner  treasurer  of  the  County. 

Humphry  Davie  g  Order/ 


Haueing  understood  of  the  departure  and  departinge  of 
seuerall  persons  from  the  towne  of  falmouth  Thereby  Weak- 
ening the  place  and  discouraging  of  those  who  are  better 
minded :  and  the  incoragment  of  the  Comon  Euemye  to  dis- 
troye  and  burne  whatsoeuer  and  whosoeuer  they  can  take 
aduantage  against:  And  haueing  order  from  the  Major 
generall  to  Laye  Comand  upon  all  the  people  in  the  countye 
of  yoark  not  to  Leaue  places  or  towneships :  and  doe  there- 
fore order  and  declare :  that  all  persons  are  hereby  prohib- 
ited from  goinge  outt  of  there  owne  towne   to  auye  other 


OF   THE    STATE    OF   MAINE.  349 

place  to  inhabitt  in:  And  alsoe  all  masters  of  boats  and 
greater  vessells :  are  hereby  required  in  his  Majesties  name 
not  to  take  awaye  or  transport  awaye  any  people  from  fal- 
mouth  upon  their  perill  as  they  will  answer  the  Contrarye. 
Dated  Octobe'" :  6'^  1675  this  order  is  to  be  published 
speedilye  to  and  in  the  Towne  of  fabnouth  :  Leiu  :  Ingerson 
being  requiered  soe  to  doe.  Richard  Walden  Serjean* 

Major 

List  of  men  departed  the  Garrison  at  Falmoth 
Left :     George  Ingersell 
John  Wales 
George  Ingersell  Junio' 
John  Skillion 
Joseph  Ingersell 
Hen :  Williams 
Sam  Ingersell 

James  Andrews  Seno'" 
James  Andrews  Jun"^ 
Richard  Short 
Richard  Pousland 
Samuell  Andrews 
John  Rider 
Gerom  Black 
Elis  Oakman 
And :    Augur 
Matt :  Augur 


To  the  Hono«  d  Gov'"  &  Councell 
The  Petition  of  Nathan iell  Wallis  of  Casco 
Humbly  sheweth  tliat  his  wife  and  famaly  are  now  here  in 
Boston  :  and  that  he  is  returning  againe  to  Casco  tj  his  hab- 


350  DOCUMENTARY   HISTORY 

itation  and  doth  intend  to  continue  there  and  by  all  meanes 
according  to  his  ability  to  Endeavour  the  Security  not  onely 
of  his  owne  propriety  but  of  the  whole  plantation  :  And 
therefore  he  humbly  requests  the  favour  of  yo''  Hono'^  s  to 
grant  yo'"  Petitiono'"  Liberty  to  bring  one  freight  of  Corne 
and  Provision  from  his  habitaco  to  Boston  for  the  releife  and 
supply  of  his  wife  and  famaly  haveing  not  here  any  thing  to 
purchase  it 

So  shall  he  for  Ever  pray  for  yo''  Honor's   Prosperity   &c 

Att  A  Council  held  at  Boston  the  15'^  of  October  1675 
In  Ans'"  to  this  peticon  the  council  Judgeth  it  meete    to 
Grant  the  peticone''  his  Request  so  as  he  Goe  &  Abide   on 
the  place  &  be  as  helpfull  therein  as  he  is  able.// 

past  by  y®   Council 

E:  R:     S: 


Country  Rates  to  he  raised  in  Yorkshire 

Att  a  meeting  of  y®  Council  IS''*  JanQy  1675  It  is  Ordered 
that  the  Tresurer  of  y®  Countrie  Issue  out  his  warrants  to 
y®  seuerall  Select  men  of  the  seuerall  Townes  in  Yorkshire 
forthwith  according  to  law  to  make  &  Rayse  9  seuerall 
Country  Rates  (as  haue  binn  Raysed  in  y^  Collony  for  De- 
fraying of  y**  charges  of  this  warr)  &  the  Rates  so  Raised  to 
be  speedily  collected  &  pa^'d  into  the  Treasurers  of  that 
County,  w*'^  y®  Treasurer  of  y''  Country  shall  nominate  & 
Appoint.  past  E  :  R :    S. 

It  is  Ordered  that  the  Comittees  of  militia  in  the  Townes 
&  County  of  Doner  &  Portsmouth  shall  &  hereby  is  Re- 
quired &  Impowred  to  make  nine  seuerall  Asseassments  or 
Rates  on  v^  Inhabitants  thereof  according  to    law   towards 


OF  THE  STATE  OF  MAINE.  351 

y^  Responding  the  charges  of  y^  warr  to  be  Collected  & 
speedily  paid  in  to  y^  Treasurer  of  that  county  to  Ans^  the 
end  of  the  said  Comittees  &  be  disposed  of  accordingly. 
And  the  Comittees  of  militia"  are  bj'  themselues  or  their 
order  to  Auditt  all  accounts  of  y®  chardges  expended  in  this 
warr. 

Benja  Wellington'  man  Imprest  by  Cap*  Park'"  &  comittee 
of  militia  in  Groaten  is  Releas*  &  they  are  to  be  sent  for  to 
Ans«-   it  being  Illegally  prest//  E.  R.   S. 

1-st 

Remember  majestraticall  power  in  Yorkshire  i  e  to  m' 
Joceljm  Capt  Scottow  m*"  Wheelwright  &  Cap*  ffrost 

E.  R.   S. 

It  is  ordered  that  majo''  Thomas  Clarke  in  the  morning 
disband  Capt  Gillara  &  Company  Returning  to  y''  Capt 
thanks  of  y^  Council  for  his  &  their  readines. 

E.  R.  S. 

The  Council  is  Adjourned  till  20  Instant  at  3  of:  the 
clock// 


The  Severall  Inhabitants  of  the  Towne  of 
ffalmoth  to  the  Right  honourable  gov- 
ernou'"  and  councill  sendeth  OTeetinore  in 
our  Lord  god  Everlasting.  Amen 

That  Wheras  itt  was  your  Worships  pleasur  takeing  Care 
for  our  good  to  receiue  us  under  your  goverment  which  wee 
desire  for  Euer  humbly  to  Acknowledge;  as  a  great  favor 
first  from  god  and  also  from    your  selues  ;  trusting  still  that 


352  DOCUMENTAKY   HISTORY 

yow  will  haue  y®  Like  care  of  us  now  in  these  trovblesome 
times  as  yow  had  then  ; 

And  y®  honourable  County  Court  was  pleased  to  grant 
forth  a  Comission  unto  George  Ingersell  senio'"  as  a  Leuiften- 
ant  for  the  well  ordering  and  trayning  up  of  young  souldiers 
in  Millitarye  dissipline  which  According  to  his  best  skill,  he 
did  performe,  in  times  of  peace,  but  now  in  times  of  troble 
and  warr  hath  Left  us  under  a  pretence  to  adress  himselfe  to 
your  honours ;  which  we  all  know  to  be  y®  Least  moueiage 
Cause  of  his  departure  ;  understood  by  his  discours  and 
practice  here.  Therefore  wee  doe  desire-  if  itt  be  your  wor- 
ships pleasur  that  you  would  please  to  Call  in  his  Comission 
and  that  for  these  reasons 

:  1 :  first  because  he  is  not  a  man  of  Courage  or  warlike 
Spirit. 

:  2'y  :  That  his  timorousnes  and  cowardize  has  occationed 
the  Loss  of  many  mens  provitions  ;  when  otherwise  it  might 
haue  been  saved  ;  by  which  many  of  us  are  Like  to  want ; 

:  3^y :  That  by  his  discouragement  of  our  people  has  occas- 
ioned many  mens  departure  out  of  our  Towne :  by  which 
we  are  Left  very  weake 

:  4'y  :  That  when  he  receiued  a  Comission  from  Major  Wal- 
den  to  issue  forth  with  a  partye  of:  60:  men  did  not  pro- 
seede  :  therin  after  the  Common  Enimie  as  oppertunitye  did 
present 

:  5^y :  That  when  your  worships  were  pleased  to  send  an 
order  by  m""  Munjoy  for  the  setling  of  a  Comittee  of  melitia 
with  us  :  for  the  well  ordering  of  our  Millitary  affairs  ;  Af- 
firmed that  it  was  nothing  but  for  perticular  mens  interests 
to  the  discouragement  of  many. 

:  Q^y :  because  he  knows  not  what  power  belongs  to  a  man 
in  such  an  office  ;  or  at  Least  ilot  willing  to  Excecute  itt 
to  the  breedinge  of  Many  disorders. 

These  and  Many  other  thinges  might  bee  Alledged :  but 
your  worships  know  ;  that  these  things  are  not  fitt  for  ;  nor 


OF   THE    STATE    OF   MAIXE.  353 

become  a  man  that  hath  the  Charge  of  a  band  of  souldiers  ; 
&  Espetiallye  in  these  times  therfore  we  humbly  request  that 
you  would  please  to  sett  such  ouer  us  that  may  be  a  man  of 
Courage  that  we  may  not  be  Led  along  as  sheepe  to  the 
slaughte"^;  the  best  that  we  know  amonge  us  is  our  Ensigne 
Anthonye  Brackett  to  whome  if  you  pleas  to  grant  a  Comis- 
sion ;  we  question  not  (by  the  asistance  of  y®  almighty)  the 
distraction  of  manye  of  our  Enimes. 

Soe  Leaning  yow  to  the  guidance  and  direction  of 
Almighty  god  we  humblye  Cease  your  worships  in  al 
Abounden  dutye  to  be  Comand ;  and  to  subscribe  our  names 
one  the  other  side  this  :  2 :  day  of  fabruary  167| 

John  Munjoy 

Thomas  Brackett 

rc 
Clarck  his  Mark 

Lavance^^^Dauis  his  Marke 
Denis -^I^Movoah  his  Marke 

Sampson    \      JDpenlye  his  Marke 

DaniellCri^y'Waklye  his  Marke 

Joell  Madeford  Xhis  Marke 
Bartho  Wallis 
Hurny'*  Rorham 

Thomas  hues   /    his  Marke 
Ralfe  Turner  ^liis  Marke 
Samuel  grensled  J  ^//his  Marke 
Anthony  Walden,-^his  Marke 
Robert  Stanford-'^ his  Marke 
John  J^/^^Whitfoott  his  Marke 

23  [Other  signatures 

on  next  page.] 


354  DOCUSIENTARY   HISTOEY 


Timoth       Sr      Sparill  his  Marke 


p 


Philip  Lewis   4^  his  Marke 

Thomas  CLajes 

Thomas  Skillion  :    /  *  \J  ,  ^^^^  Marke 

Cap*  Champernowne  &c :  to  the  Kings  Comm^'Y 

Hono^^'«  S" 

From  what  we  do  understand  p  Cap*  Richard  Thirston, 
the  indefatigable  purposes  of  Our  Imperious  neighbours  of 
the  Massachusets,  are  still  kindling  the  pursuance  of  their 
owne  ressolved  designes,  &  as  we  conceive,  as  neare  as  may 
be  the  dissolving  of  his  Ma*^^®  authority  setled  amongst  us, 
a  way,  we  feare  as  remote  from  their  owne  good,  as  our 
present  place,  which  the  rather  moveth  our  now  application 
to  your  Honours,  if  opportunity  serve  for  some  direction  :  a 
line  or  two  to  our  selves  from  your  Honours  would  be  very 
acceptable,  to  the  people,  usefull  by  preventing  perhaps  of 
their  suddaine  affrights  into  disorders. 

Wee  are  informed  that  a  gen^"  Court  order  hath  resolved 
some  of  our  liberties  under  restraint,  whereunto  we  cannot 
be  free,  unless  force  over  rule  us,  that  our  adversaries  should 
be  our  Judges./ 

Wee  hope  our  duty  to  God,  Allegiance  to  his  Ma"*^  shall 
ever  ingage  our  best  indervours  faithfully  to  maintaine  his 
Ma*^®^  authority  amongst  us,  so  long  as  we  are  able,  as  now 
setled.  If  might  overpower  us  we  must  be  content  to 
suffer,  till  his  Ma*'®^  pleasur,  &  authority  be  further  under- 
stood ;  and  better,  both  b}'  our  neighbours,  and  our   selves. 

Not  further  to  presume  at  present  to  intrench  upon   j^our 


i 


OF  THE  STATE  OF  MAINE.  355 

patience,  not  forgetting  to  render  your  Honours  many 
thankes,  for  your  care,  &  pains  amongst  us,  we  take  leave  to 
subscribe  ourselves 

Your  Hono'"^ 

Very  humble  Servants 

Francis  Champernowne 
Edward  Rishworth 
Edward  Johnson/ 

Endorsed. 
To  the  Right  Hono^ie  S'  Robert  Carr  K^^* 
&  Samuel  Maverick  Esq'"  his  Ma*^^^ 
Comissioners.  these  present, 

at  Boston  or  elsewhere/ 


End :     A  Copy  of  a  letter  out  of  the  Eastern 

parts  from  Cap^  Champernowne^  M^ 

Rushworth  ^c  :  a  litle  before  S^  Rob  : 

Carr  went  into  those  parts./ 
JST"   9: 


Cap*  Champernoon,  E  :  Rushworth,  E.  Johnson, 
signify  to  S"^  R.  Carr  &c :  /    That  y®  Massa- 
cusets  are  shakeing  hands  w**^  their  Allegiance 
That  they  are  very  ill  treated  by  the  Gen"  Court : 
&  his  Ma"®^  authority  is  infringed./ 


356  DOCTIMENTAEY   HISTORY 

From  Dr.  PeWs  Letters  and  Papers. 
3Ius.  Brit.  Plut.  OVII.  D.  4279. 
Right  Honorable, 

I  was  at  Boston  in  the  Massachusett  Colony  when  M'' 
John  Pell  arrived  there.  By  whom  I  had  the  great  favour 
of  your  Lordships  letter.  He  came  into  that  Harbour  very 
opportunely  for  the  expedition  of  his  business  ;  For  one  Mr 
John  Bankes  a  neighbor  of  M""  Thomas  Pell  deceased,  and 
one  of  those  whom  he  had  intrusted  with  the  estate  was  in 
a  Vessel  of  Fairfield  (the  place  where  M'^'  Pell  had  lived)  re- 
turning thither ;  and  met  the  ship  coming  in,  &  came  back 
with  M'"  John  Pell  to  Boston ;  where  I  spake  with  them  both; 
&  upon  the  reading  of  your  Lordships  letter,  informed  M' 
Bankes,  that  I  had  full  assurance  from  your  Lordship,  and 
divers  others,  that  the  person  there  present,  was  M'"  John 
Pell  &  he  to  whom  Mr  Tho :  Pell,  deceased,  had  given  his 
estate.  And  that  very  day  Mr  John  Pell  imbarqued  with 
M""  Bankes  and  sailed  towards  Fairfield,  carrying  also  with 
him  my  letters  to  the  magistrate  and  others  there,  certifying 
the  same  to  them  concerning  him,  with  desires  of  all  good 
loving  respects  to  him  and  their  helpfulnesse  as  his  occasions 
should  require,  and  that  order  might  be  taken  forthwith  for 
his  quiet  possession  of  that  Estate.  I  haue  heard  since  of 
his  safe  arrival  and  welcome  there ;  and  that  he  hath  accord- 
ingly the  possession  of  the  lands  and  houses  and  goods  to 
which  he  had  right,  both  at  Fairfield  and  Westchester,  which 
is  a  place  neere  New  York,  where  his  Uncle  had  also  a  con- 
siderable plantation,  with  good  accommodations  belonging 
to  it. 

My  Lord,  the  relation,  which  I  am  now  presenting  to 
your  Lordship,  is  of  a  very  strange  and  prodigious  wonder, 
this  last  summer,  in  this  part  of  the  world ;  That  the  like 
hath  been  knowen  for  the  whole  manner  of  it  I  doe  not  re- 
member that  I  have  read  or  heard. 

There  was  an  hill  neer  Kenebunke  River,  in  the  province 
of  Meane  (the  Eastern  part  of  New  England,)  which  is  re- 


OF  THE  STATE  OF  MAINE.  357 

moved  out  of  its  place  and  the  bottom  turned  upward.  The 
time  is  not  certaine  when  it  was  done  ;  But  that  it  is  so,  is 
very  certaine,  And  it  is  concluded  by  those  who  Hue  neerest 
to  it,  that  it  was  removed  eyther  the  later  end  of  June,  or 
the  beginning  of  July  last.  The  relation,  which  I  haue  from 
credible  persons  concerning  the  manner  of  it,  is  this,  viz : 
that  the  Hill  being  about  eyght  rodds  from  Kenebuuke  River 
side,  on  the  west  side  of  the  River,  about  foure  miles  from 
the  Sea,  was  removed  over  the  drye  land,  about  eyght  rods 
or  perches,  and  over  the  tops  of  the  trees  also,  which  grew 
between  the  hill  and  that  River ;  leaping,  as  it  were  over 
them  into  the  River:  where  it  was  placed  (the  upper  part 
being  dounward)  and  dammed  up  the  River,  till  the  water 
did  work  it  selfe  a  passage  thorow  it.  The  length  of  the  hill 
was  about  two  hundred  and  fifty  foote  :  the  breadth  of  it 
about  fourscore  foot ;  the  depth  of  it  about  twenty  foot. 
The  situation  of  the  hill,  as  to  the  length  of  it,  was  Norwest 
&  Southeast.  The  Earth  of  it  is  a  blue  Clay  without  stones 
Many  round  bullets  were  within  it,  which  seeme  to  be  of 
the  same  Clay  hardened.  I  have  not  yet  scene  that  place 
my  selfe,  but  sent  purposely  to  inquire  into  the  truth  of 
what  had  beene  reported  concerning  it.  And  had  this  re- 
lation from  Major  William  Philips,  who  dwelleth  not  farr 
from  the  place  ;  and  Mr.  Herlakenden  Symons  who  went  to 
the  place,  and  tooke  very  good  notice,  and  brought  me  the 
same  report  of  the  truth  and  manner  of  it,  which  I  had  be- 
fore received  by  a  letter  from  Major  Philips,  in  answer  to 
my  letter  of  inquiry  ;  and  told  me  that  the  earth  of  the  hill 
did  not  lie  between  the  former  place  of  the  hill  &  the  river  ; 
but  was  caried  together  over  the  tops  of  the  trees  into  the 
river ;  which  seemes  to  be  as  if  it  were  blowne  up  by  such  a 
force,  as  caried  the  whole  body  of  it  so  farr  together.  I  had 
fro  them  some  few  of  those  round  bullets.  I  think  there 
were  but  two  or  three  and  some  pieces  of  the  earth  in  other 
formes,  which  were  found  upon  that  now  upper  part,  which 
was  before,  the  lower,  or  the  inward   bowells  of  that  hill. 


358  DOCUaiENTARY   HISTORY 

As  also  a  small  shell  or  two  of  a  kinde  of  shell-fish ;  like  some 
shel  fish  commonly  found  where  the  sea  floweth ;  but  how 
they  should  be  within  that  hill,  is  strange  to  consider.  I 
have  sent  all  that  I  had  thence  with  other  things  to  the 
Royall  Society  for  their  repository.  I  understand  also  from 
some  of  those  parts,  that  there  was  no  notice  taken  of  any 
Earth-quake  about  that  time,  nor  did  I  heare  of  any  in  other 
parts  of  the  Country.  I  give  your  Lordship  the  Relation 
only  of  this  Prodigie,  as  I  had  it  upon  the  best  inquiry  I 
could  make ;  leaving  the  Discussion  of  the  natural  causes 
which  might  concurre  ;  A  matter  too  hard  for  Man  to  com- 
prehend. But  the  power  of  His  Almighty  arm  is  herein 
manifest  to  all,  who  weigheth  the  hills  in  a  Ballance  and  at 
whose  presence  the  heavens  drop,  the  hills  are  melted  like 
wax,  Sinai  itself  is  moved.  I  hope  to  haue  opportunity  to 
see  the  place,  and  if  any  otlier  matter  considerable  open  my 
observation  or  further  inquiry  shall  appeare,  I  shall  be 
obliged  to  give  your  Lordship  further  account  thereof;  and 
for  present,  am  bold  humbly  to  subscribe  my  selfe 

Right  Hon^'®  your  Lordships  most  obliged 

Boston  Octob :  11.  humble  servant 

1670  John  Winthrop. 


Right  Honourable 

The  signification  of  his  Majestyes  Pleasure  in  his  gratious 
letters  of  the  tenth  of  March  last  we  receivd  the  tenth  of 
this  Instant  by  the  hand  of  M""  Edward  Randolph  in  whose 
presence  the  s**  Letter  as  also  the  Petitions  of  M"*  Gorge  & 
M""  Mason  were  the  same  day  read  in  Council  according  to 
his  Majestyes  couiand,  whereby  we  have  receivd  a  full  Dem- 
onstration of  his  Ma*y^  gratious  favour  &  Justice  in  Impart- 
ing the  Matters  of  Complaynt  against  us  &  thereby  also  a 
further  obligration  to  all  DutifuU  observance  &  attendance 


OF   THE    STATE    OF    MAINE.  359 

to  his  Majestyes  Commands,  &  although  at  present  the  heavy 
pressure  of  the  Indian  warre  together  with  an  epidemicall 
sickness  do  Impeed  our  Conveening  the  Generall  Court  with 
whom  according  to  our  constitution  by  pattent  it  Lyes  to 
Make  answer  to  the  s'^  Complaynts,  which  we  doubt  not  but 
with  dutefullness  &  Dilligence  will  by  the  first  opportunity 
be  attended  yet  we  thought  it  our  Duty  by  this  Conveyance 
to  let  his  Majesty  by  your  Houn*"  understand  as  well  the  re- 
ceipt of  the  s*^  Letters  &  petitions  as  also  that  the  Matters 
of  Complaint  Contayned  in  the  s*^  Petitions  as  referring  to 
this  Colony  are  Impertinencyes  Mistakes  &  falshoods  the 
proofs  whereof  we  Doubt  not  but  to  Make  out  in  our  more 
perticular  Answer, 

Though  we  Deny  not  but  that  not  by  any  force  as  is  sug- 
gested but  by  y^  Just  &  playn  extent  as  we  humbly  con- 
ceive of  our  Patent  Lyiie  &  also  upon  the  earnest  solicita- 
tion of  the  Inhabitants  there  those  Northern  parts  being- 
then  wholly  deserted  by  the  present  Claj'mants,  are  now 
under  his  Majestyes  govern*  here  in  this  Collony  established. 

The  whole  Matter  we  fear  not  to  submitt  to  a  Just  & 
equall  determination  not  Doubting  of  his  Majestyes  clem- 
ency &  favour  therein. 

Sure  we  are  much  trouble  &  charge  hath  been  contracted 
to  Mayntain  Justice  among  them  besides  Much  expence  of 
Men  &  Money  for  their  Defence  In  this  Indian  warr  we  are 
very  well  assured  that  as  we  are  a  goverm'  constituted  by 
y^  charter  of  his  Late  Majesty  of  happy  Memory  Confirmed 
&  encouraged  by  his  present  Majestys  Gratious  declaration 
to  us  especially  in  the  year  1662  &  trust  we  sliall  still  be 
cherished  by  the  benignc  Influence  of  his  Majestj'cs  Jus- 
tice &  Goodness  whose  prosperity  long  life  happiness  here  & 
hereafter  hath  been  is  &  shall  be  the  dayly  prayer  of 

your  bono"  Most  humble  servants 
In  the  name  of  the  Council 

Dated  in  Boston.  13  June.  1676 
E  R  S. 


360  DOCUMENTARY   HISTORY  , 

The  Honoured  GoQiio'"  sending  for  me  &  Going  to  him 
early  this  morning ;  Required  me  to  signify  to  yow  that  late 
last  night  he  received  a  letter  from  m""  Randolph  the  Import 
whereof  he  Judgeth  fitt  for  the  Council  at  their  ordinary 
Adjou'^ment  seccond  day  next  at  one  of  the  clocke  being  26 
Inst  to  Consider  of  &  Conclude  the  necessities  &  sooner  there 
cann  be  no  convention.  &  therefore  desires  &  orders  a  Con- 
vention of  the  whole  Council  at  that  time  or  on  y*  day 
aboue  mentioned  for  y*  and  wch  time  &  place  yo'^  presence 
&  Assistance  is  desired  &  expected  w*"^  out  fayle. 
not  doubting  of  yo""  Readines  to  se''ve  God  &  the  Country 
herein. 

After  the  presentation  of  my  service  to  yow  &  yo"^  Lady 
remajne 

S' 

your  Assured  freind  &  humble  Se^'vant 
Edward  Rawson  Secre*    By 
ord*"  of  the  GoQno^  &c 

Boston  24  June  1676 


CounciVs  Answer  to  M'^  Randolph'' a  Letter. 

your  tre  directed  to  the  Gov*"  dat.  23*^  instant,  wee  haue 
pvsed  and  do  somew*  marvell  both  at  y^  wording  &  y®  im- 
port thereof,  you  may  remember  y*  such  was  o*"  care  not  to 
be  justly  accused  of  neglect  in  any  kind,  that  whereas  wee 
receiued  his  Ma*'*^*  tre  on  y®  10*^'^  of  this  instant  conteyneing 
his  comands  to  vs,  the  same  day  the  Council  being  assembled, 
in  observance  thereof  you  were  admitted  into  y®  Coun- 
cill  &  the  Gov*"  read  his  Ma"®'^  tre  in  yo'  presence,  & 
caused  y®    Secretary  at  y®  same  time  to  read  the  Petitions 


OF   THE    STATE    OF   MAINE.  361 

of  m'"  Gorge,  &  m'  Mason  and  on  y«  15*^  day  next  follow- 
ing, yo'"  presence  was  craved  again  and  in  full  Councill  were 
acquainted,  that  wee  had  drawne  vp  o'^  answ"^  in  a  letter  di- 
rected to  one  of  his  Ma*'®^  Secretaryes,  &  then  tendered  to 
deliu  y^  same  to  you,  in  case  you  were  ready  to  depart 
hence,  but  if  otherwise  wee  would  take  care  to  send  the  same 
by  y®  first  opportunity,  &  to  yourselfe  we  would  deliQ  a  du- 
plicate thereof,  on  notice  given  of  yo'"  departure,  your  ans"" 
then  was  y*  yo""  occasions  called  you  not  home  at  present,  & 
seemeing  to  acquiess  in  w*  had  been  expressed,  you  tooke 
leave  of  y^  Councill,  and  since  then  a  good  oppertunity 
p'senting  wee  haue  sent  away  o""  tre  directed  as  aboves^  to 
one  of  his  Ma*^^®®  principle  Secretaryes.//  now  why  you 
should  expres  yo^  dissattisfacco,  by  saying  you  continue  to 
require  an  answ%  whereas  you  haue  scene  o'"  care  to  make 
speed  therein,  not  omitting  y®  first  oppertunity  (although 
you  cannot  be  ignorant  y*  such  are  y®  daily  Emergencyes, 
&  encumbrances  of  y®  Councill  for  y^  carrying  on  y*'  pnt 
Indian  warr,  our  forces  being  now  in  y*'  wildernes,  &  do 
need  daily  advice  &  recruits,  &  y®  enemies  rage  so  violent, 
as  threatening  daily  further  incursions  upon  o^  frontier 
Townes,  as  might  well  crave  more  candor  then  you  have  yet 
exprest,  &  a  favordable  construcco  of  any  seemeing  delay. 

Now  although  wee  would  not  take  notice  of  eflie  disre- 
spectfull  or  unsutable  expressio  by  you  dropt  either  ver- 
bally, or  by  yo""  pen,  yet  wee  would  haue  you  to  be  well  ad- 
vised, y'  as  y*^  Gov*"  on  y*'  reading  his  ma"®®  tre  acquainted 
you,  y*  wee  thankfully  acknowledged  his  ma*'®**  gracious 
respect  &  tendernes  therein  expressed  to  these  plantations, 
therein  greatly  tendring  y®  peace  &  tranquility  thereof,  yet 
for  yo""  Mandamus's  imposing  upon  &  requireing  of  y*^  Gov*" 
&  Councill  to  attend  yo""  owne  injunccon,  &  to  make  answ"" 
in  a  divers  mann'"  from  w^  his  ma*'«  haue  comanded  vs,  wee 
must  plainely  tell  you  that  wee  Judge  you  haue  &  do  therein 
exceed  yo*"  message  and  do  advise  you  y*  you  so  dcmeane 


362  DOCIBIENTAET  HISTORY 

yo^'selfe,  as  not  to  be  found  either  slighting  or  irregularly 
imposing  upon  his  Ma*^^^  authority  here  established./ 

By  y^  Council  Edw.  Rawson  Secret 
26  June  1676  past 
as  an  Answer  to  his.  Dat  23  lust// 


Warrant  for   G-eneral  court  to  assemble  relative  to  the  claims 
of  G-orges  ^  31ason. 

To  ye  Constable  of  B. 

In  his  ma*'^^  name  j^ou  are  required  to  give  notice  to  y® 
ffremen  of  yo''  Towne  to  meet,  &  signifie  to  them,  that  the 
Gov*"  &  Councell  haue  receiued  a  tre  from  his  ma*'®  relate- 
ing  to  y®  claymes  of  m""  Gorges  &  m''  Mason,  to  Hampshire 
&  ye  Province  of  Mayne  &  other  things  therein  mentioned, 
requireing  an  Answ"^  to  be  made  thereunto.  In  observance 
whereof  the  Councill  haue  ordered  the  convening  of  the 
Gen"  Court  at  Boston  the  9*^^  day  of  August  next  at  nine  of 
y®  clocke  morneing  to  consider  &  Consult  thereof.  In  pur- 
suance whereof  they  are  to  send  y"^  deputyes,  as  y®  Law  di- 
rects :  making  yo'  Returne  to  y®  Court  &  not  faile.  Dated 
in  Boston  10*^^  July  1676// 

E  R  S 

y^  was  Read  &  Approved  in  Council  at  y*  time. 

Ordered  that  Cap*  Jn*'  Richards  m'  Tho.  Deane  &  m'  Jn'' 
Vsher  shall  &  is  heereby  appointed  &  Impowred  as  a  Com- 
ittee  for  the  Army : 


OF   THE   STATE    OF   MAINE.  363 

Question  proposed  to  the  Reverend  Elders. 
Quest. 

Whether  the  most  Expedient  manner  of  making  An- 
swer to  the  Complaints  of  m'"  Geor  &  m""  Mason  about  the 
extent  of  our  Pattent  line  be  by  sending  Agents  or  Attur- 
nej's  to  mannage  the  same :/ 

The  magis**  haue  voted  this  to  be  the  question  to  be 
proposed  to  the  ReGnd  Elders  for  their  resolue  their  breth- 
ren the  deputyes  hereto  consenting// 

Edward  Rawsou   Secret.  . 
9'^  August,  1676 


Answer  of  the  Reverend  Elders. 

The  Answer  of  y®  Elders  to  y«  Question  pposed  to  y™  by 
y®  hon"*  General  Court  August  9  (76)  Quest :  Whether 
y^  most  expedient  manner-  of  making  answer  to  y® 
complaints  of  M""  Gorges  &  M'"  Mason,  about  y*^  Ex- 
tent of  o'  Patent-line,  be  by  sending  Agents,  or  At- 
turneyes,  to  Answer  ye  Same,  or  to  Answer  by  writ- 
ing only  ?  Answ"*     It  seemes  unto  us  y®  most  expedi- 
ent way  of  making  answer  unto  y®  Complaints  of  M'  Gorges, 
&  M""  Mason,  about  y*'  extent  of  o""  Patent  Line,  to  do  it  by 
appointing  Agents,  to  appear,  &  make  Answer  for  us,  by 
way  of  information  at  this  time,  &  in  this  Case ;  provided 
they  be  w'^'^    utmost  care  &  caution  qualified  as  to  their  In- 
structions, by,  and  according  unto  which  They  may  nego- 
tiate that  affair,  with  safety  unto  y°  Countrey  h  with  all 
duty,  &  Loyalty  unto  his  Majesty,  in  y^  p'"servation  of  o"^ 
Patent-Libertyes ;  Our  Reasons  are 

1.     The  justice  of  his  Majestyes  CoiTiand,  requiring  us 
to  give  o*"  Answer  in  tliis  way.  And  to  send  an  Answer  in 


364  DOCUIVIENTART   HISTORY 

writing  only,  we  know  not  but  some  may  interpret  it  to  be 
a  non-observance  and  contempt  of  his  Majestyes  Command. 
The   rightfull   coinands   of  political   Fathers   ought   to    be 
obeyed  for  conscience  sake,  Rom.  13.  5. 
Titus  3.  1. 

2.  The  Justice  of  o""  Cause ;  which  we  ought  by  all 
Lawfull  means,  &  wayes  to  maintain.     Judges  11.  14.  &c : 

3.  It  is  doubtfull  unto  us,  whether  an  Answer  in  writ- 
ing only,  will,  or  may  be  accepted  as  any  answer  at  all,  as 
the  case  now  stands,  or  whether  it  wilt  be  credited,  while 
we  shrink  from  it,  by  o'  not  imploying  Agents,  limited  as 
aforesaid. 

4.  Lest  o'  non-appearance  should  gratify  &  give  ad- 
vantage unto  our  Adversaryes  to  proceed  unto  y®  obtaining 
of  a  determination  against  us. 

6.  The  successful  service  which  former  Agents,  thus 
imployed,  in  way  of  information,  have  done  for  us,  and  Gods 
blessing  upon  us  in  the  improvem*  of  this  medium  in  times 
past. 

6.  We  understand  that  o'  friends  in  England  judg  it 
both  expedient,  &  necessary. 

7.  Agents  can  most  readyly  &  fully  answer  all  Objec- 
tions, &  complaints  of  m*"  Gorges,  &  m""  Mason,  in  this  p''s- 
ent  Case.  Nor  can  our  pleas  and  Arguments  be  so  pointed, 
&  pursued  against  o'  Adversaries,  as  o""  Case  doth  require, 
but  by  Agents. 

Finally.  Some  may  interpret  o'"  not  imploying  Agents  to 
answer  as  aforesaid,  that  we  are  afraid  to  appear  in  our  own 
defence  personally. 

This  Answer  of  the  Reuerend  Elders  was  presented  to  the 
GoQno'^  &  Generall  Court  the  10*^  of  August  by  JVP  Tho. 
Cobbett  in  the  name  of  all  the  Elders  p'^sent  w°h  was  24. 

as  Attests  Edw  Rawson  Secret 


OF  THE    STATE    OF   MAINE.  365 

In  order  to  the  Answeringe  of  his  Ma*^^^  Letter,  and  the 
two  Petitions  of  Mr  Mason  and  m^  Gorge,  relating  to  our 
Pattent  Lyne,  and  other  clamours,  it  is  resolved  This 
Court  doeth  Order,  that  A  Coraittee  of  both  houses,  be  ap- 
pointed to  make  an  Answer  to  his  Ma*-*^^  Letter,  as  alsoe  a 
ffull,  &  large  Relation,  &  Declaration  of  Case  {relating  to 
these  Petitions  and  every  perticuler  therein  Specif yed)  Insert 
therein,  all  evedences,  &  testimonjes  vppon  oath,  that  may- 
bee  obtaijned,  for  cleering  and  proving  all  our  allegations, 
and  Assertions,  therein  Contaijned ;  and  that  in  order  there- 
vnto  a  comission  be  graunted  vnto  Meete  gsons  to  Examine 
Witnesses  &  take  there  depositions ;  that  the  said  couiittee 
doe  alsoe  draw  vp  a  Letter  &  Instructions  to  some  Meete 
gson  in  England,  vnto  whome  wee  may  send  (by  some  fitt 
gson  hence)  the  letter,  to  his  Ma*^®  and  our  Answer  to  the 
petitions  as  aforesaid.  Ordering,  and  desiring  him  to  deliver 
the  same  to  his  Ma"®  accordingi}'-,  and  to  appeare,  and  make 
Answer  for  us  By  way  of  Information  as  y®  case  may  re- 
quire, *  and  further  that  this  Court  bee  Adjourned 
vnto  the  ix*''  of  Sept  9  a  clocke  to  meete  againe  and  con- 
cider  of,  &  gfect,  what  the  said  Comittee  shall  doe  in  order 
to  the  dispatching  of  the  premises  for  England,  The  Depu- 
tyes  haue  past  this  in  order  to  the  Answering  his  Majesties 
Lre  &c.  with  refference  to  the  Consent  of  o""  Ilono'*^  Magis'* 
hereto  12:6:  1676,  William  Torrey  Cleric. 

The  Magistrates  Consent  hereto  provided  the  words  (& 
other  Clamor)  be  left  out  &  instead  of  Letter  to  his  Maj- 
esty it  be  Inserted  address  to  Majesty,  (&  the  words  every 

•  The  following  lines  were  in  the  document,  but  were  erased:  — 
though  our  answer  being  soe  full,  the  less  need  wilbec  of  much  speak- 
ing, only  if  any  further  accusations  or  material  Allegations,  bee  made 
against  us  hee  may  obtayne  the  favour  of  havinge  tyme  to  make  Satis- 
factory answer  thereunto, 


366  DOCUMENTARY   HISTORY 

perticuler  therein)  to  be  left  out,  their  brethren  the  Depu- 
ties hereto  consenting, 

Edw*^  Rawson   Secret/ 

Consented  to  by  the  Deputyes 

Pet:  Bulkly,  Speaker/ 


Petition.  To  the  Kings  Most  Excellent  Ma""^  The 

Humble  Petition  &  Address  of  the  Gov'' 
&  Comp*  of  the  Massachusetts  Bay  in 
New  England   in    Generall   Court   As- 
sembled : 
Most  Gracious  &  Dread  Soveraigne  : 

What  the  calamitous,  &  deeply  distressed  Estate  of  this 
yo"^  Ma"*^*  Collony  (in  Conjunction  w**^  its  neighbours  & 
Confederates)  labouring  vnder  the  wofull  and  Tragicall  ef- 
fects of  more  then  a  yeares  cruell,  &  vnintermitted  warre 
xv^^  the  Arrival  of  yo'  Ma"^*  Gratious  letter  by  m"^  Edw:^ 
Randolph,  Relating  to  y®  claymes  of  m'^  Gorges  and  m"^ 
Mason,  hath  of  late  ben  humbly  informed,  by  the  Account 
given  to  m'"  Secretary  S*"  Joseph  Williamson  to  bee  Pre- 
sented to  yo""  Royall  Selfe,  w''^  we  hope  hath  obtayned  a 
Gracious  Reception,  and  our  necessary  Apology  therefrom 
for  our  noe  sooner  yealdinge  a  full  obedience  to  yo'  Ma*^®^ 
Royall  CoiTiands,  a  like  Acceptation.  Since  that  time  it 
hath  pleased  Almighty  God  to  whome  vengance  belongeth 
to  plead  our  Cause  against  the  Insolent  Heathen,  both  by 
laying  a  Restraynt  vppon  them,  and  thereby  for  a  Season 
giving  us  respit  from  their  violent  &  Depopulating  incur- 
sions, as  alsoe  by  making  the  Expeditions  of  yo""  Loyall  Sub- 
jects against  them  in  o"^  Southern  and  westerne  parts  soe 
farre  prosperous,  that  Multitudes  of  them,  together  w**"  their 
Sachems,  principall  Counsello"  &  Comanders,  yea  Phillip 


OF   THE    STATE    OF   MAINE.  367 

himselfe  whose  head  &  hand  were  first  in  y®  designe  are  cutt 
off  &  destroyed,  most  of  y^  Remaynders  being  forced  either 
to  submit  to  Mercy,  or  to  quit  their  old  &  seeke  new  habita- 
tions farr  remote  in  y®  wilderness.  This  singular  Smile  of 
divine  Providence,  gaue  us  fayre  hopes  of  such  a  calmness, 
&  Composedness  in  o""  Publique  affayres,  as  migh4;  well  suite 
y^-th  qt  Intended  Convening,  and  best  further  our  desires  & 
Resolution  of  attending  yo""  Royall  Pleasure  signifyed  to  us : 
But  suddainly  &  vnexpectedly  wee  are  Allarum'd  by  y®  Ir- 
ruption &  treacherous  villany  of  a  new  Enemy  (togeather 
w*'^  some  of  y^  former)  springing  vp  in  those  easterne  parts, 
concerninge  which,  y®  Con  trovers  betweene  us  &  the  Com- 
playnants  agaynst  us  doth  arise,  Soe  that  at  the  same 
tyme  when  the  high  (though  most  vntrue)  Imputations  & 
vnworthy  Reflexions,  cast  vppon  us  by  o'  Accusers  (whose 
confidence  therein  we  are  made  not  a  little  to  wonder 
at)  doe  call  us  to  Mayntayne  o'"  Title  &  Justifie  o"" 
gceedings  in  the  Court  of  o*'  Gracious  Soveraigne,  we 
are  Necessitated  once  againe  w*^  y''  vttermost  hazard  of 
o"*  gsons  &  great  Expence  of  our  estates  (soe  deeply  Ex- 
hausted before)  to  defend  y^  Hues  of  yo'  Ma*'®^  Subjects  in 
those  places  (crying  aloud  for  Succour)  and  to  dispute  yo' 
Ma"^*  &  o"*  owne  possession  in  the  dismall  deserts,  w*^  a 
bloody  and  most  barberous  enemy ;  Yet  are  we  Royall  S^ 
most  willing  in  observance  of  yo*"  ma*'*'^  Coraands  (humbly 
craving  That  benigne  Construction  w*^^  y®  favour  of  o""  Pat- 
tent  entitles  us  vnto,  &  yo*"  Ma"''"  Princely  Candour  suffers 
us  not  to  doubt  of)  to  offer  o'"  Pleas  &  produce  o""  Evidences 
in  this  Matter  w*^''  being  waighed  in  y'^  ballance  of  yo^  Roy- 
all Irapartiall  Judgment  will  appeare  (we  presume)  such,  as 
will  abundantly  cleer  vp  our  right  to  those  esterne  Parts  to 
be  vndoubtcd,  according  to  y®  playne  intent  &  necessary 
sense  of  y**  words  of  o""  Pattent,  And  sufficiently  make  it 
appeare,  y^  o''  administrations  of  Goverment  here  haue 
ben  no  wayes  derogatory  to  yo*"  Ma*'''*'  honor,  nor  prejudi- 
cial! to   yo""  Royall  Interest   in  this  Wilderness,  but   many 


368  DOCmiENTARY   HISTORY 

wayes  beneficiall,  as  alsoe  sattisfactory  to  the  Inhabitants 
yo'"  Ma"^^  Subjects  vppon  y®  place ;  Sure  we  are  (•&  herein 
we  doubt  not  to  make  o'"  Appeale  to  y®  Searcher  of  hearts) 
That  noe  Intention  of  wrong  to  y^  Claymers  noe  vnlawfull 
designe  of  Enlargem*  of  o^  borders,  noe  proffit  or  advan- 
tage therel5y  accruing  (the  Contrary  whereto  we  haue  heth- 
erto  found)  but  a  grounded  apprehention  of  our  Interest, 
reall  Compassion  to  y®  Petitioning  Inhabitants  in  an  vn- 
setled  &  suffring  Condition,  togeather  w*'^  a  sence  of  duty  in- 
cumbent to  be  faithfull  to  o'"  Pattent  trust,  did  cause  us  to 
receaue  them,  vnder  y**  wing,  of  yo'  ma*^®^  Goverra*,  in  this 
Colony  Established ; 

The  further  Managem*  of  o'  defence  as  to  these  o'"  gceed- 
ings  Complayned  of  by  a  more  full  &  pticuler  Information 
&  presentm"  of  what  we  haue  to  say  for  o'^  Selues  we  haue 
betrusted  w*^  m'^  William  Stoughton  &  m'"  Peter  Bulkley 
ffor  whom  as  for  o'"  Selues  with  most  humble  Prostration  we 
beg  your  Ma*^^^  Countenance  &  favour  And  heerein  Create 
S''  we  are  not  a  little  Encouradged,  not  only  by  y*  new  & 
Ample  testimony  of  yo^  Ma"®*  Royall  Justice,  manifested  in 
Reserving  an  open  ear  for  poor  Subjects,  at  such  a  distance, 
&  Princely  favour  in  transmitting  y®  Coppies  of  y^  Com- 
plaints, Exhibited,  and  affording  time  &  opptunity  to  ap- 
peare  for  o'  defence,  but  alsoe  by  a  large  &  long  continued 
experience,  of  yo''  Ma**®*  Gracious  disposition  &  respect  to 
us  &  o""  Concernem*^  that  we  cannot  but  most  gladly  de- 
clare, that  therevnto,  next  vnder  god  we  owe  it,  that  none 
of  those  manij  injurious  Suggestions,  vnjust  Criminations,  & 
renewed  solicitations  against  us,  by  psons  ill  affected  to  o"" 
Constitution,  &  Welfare  (designed  to  Create  an  Impression 
of  displeasure  in  yo'"  Royall  brest  towards  us)  haue  not 
hetherto  prevayled  That  this  yo'  Ma*'®*  Gracious  Aspect 
should  suffer  an  Eclipse  (espetially  now  in  y®  day  of  o'' 
trouble,  bespeaking  y®  influence  of  yo""  fatherly  coinisera- 
tion)  we  haue  as  little  Cause  to  beleiue  as  we  are  humbly 


OF  THE  STATE  OF  MAINE.  369 

Confident,  we  haue  ever  ben  industriously  Carefull,  not  to 
incurre  y®  forfeiture  thereof,  but  solicitous  aboue  all  earthly 
things  to  preserue  &  mayntayne  the  same,  by  Approvinge 
our  Selues 

Royall  Soveraigne 

Yo"^  Majesties  most  humble  &  Loyall 
Subjects. 


Testimony  of  James   G-rant. 

The  Testimonie  of  James  Grant  Cunstable  of  Yorke  in 
the  yeer  75  whoe  being  demanded  of  by  the  selectmen  whie 
hee  gathered  not  the  nine  Rats  which  they  made  Accordinge 
to  the  Counsels  order  in  tlie  yeere  75  his  ansure  was  that 
hee  deliuered  it  to  m^  Edward  Rishworth  who  tould  him 
that  hee  would  tacke  it  and  suspend  it  at  the  present  till 
thay  see  what  the  Arears  of  the  Countie  weare  brought  to 
an  head  and  then  theay  would  tacke  order  aboute  it  and  the 
cunstable  should  suffar  nothinge  by  it. 

Dated  this  2  of  October  1676 

James  Grant  his 

mark  C/  / 

Cunstable. 


Answer  of  the  Selectmen  of  the  Toivn  of  YorJc. 

Wee  the  select  men  of  the  towne  of  Yorke  in  ansure  vnto 
an  Order  latlie  Coume  from  the  honered  Cunsel  to  Render  a 
Reason  whie  those  nine  Rats  made  in  the  yeere  75  were  not 
Colected  doe  impoure  Capten  John  Dauis  to  returne  an  a 
Count  therof  in  relatione  to  the  premises  who  was  tlien  one 
24 


370 


DOCUMENTARY   HISTORY 


of  the  selectmen  at  that  time  and  now  stands  in  the  same 

Capassitie/ 

witnes  our  hands  Job  Alcock/ 

this  2  of  October  1676/  Richard  Bancks/ 

henerie  Sirason/ 
John  Twisden/ 
Selectmen/ 


Right  Hounoiirable/ 

The  Gouerno'"  and  Council  calling  us  to  meet  in  Genner- 
all  Court,  vppon  our  Comming  together  acquainted  us  with 
his  Majesties  commands  of  the  tenth  of  March,  receiued  the 
tenth  of  June  by  the  hands  of  M'^'  Edward  Randolph,  as  also 
what  return  they  had  made  to  your  houno^'s  excusing  their 
not  so  speedy  calling  the  Gennerall  Court  by  reason  of  the 
warre  and  an  epidemicall  Sicknes,  the  Lord  was  pleased  to 
aflict  the  countrey  with ;  and  giuing  your  houno'"s  to  vnder- 
stand,  that  to  answer  his  majesties  comauds,  and  to  reply  to 
the  hard  &  vnjust  charges  layd  vppon  the  Gouernment  of 
this  his  Majestjes  Colony  of  the  Massachusets,  by  m*"  Gorges 
&  m'  Mason  in  theire  petitions  was  most  proper  for  this 
Court,  The  matters  alleadged  against  us,  Wee  haue  now  had 
vnder  Serious  consideration  and  have  made  diligent  Search 
into  the  reccords  of  what  heretofore  passed  thereabouts,  and 
afterwards  made  diligent  inquiry  of  the  Old  planters  yet  Sur- 
viving that  were  eye  wittnesses  &  well  acquainted  with  the 
transactions  of  those  times  in  the  beginning  of  these  Planta- 
tions, and  accordingly  haue  transmitted  our  answere  with 
the  prooffes  therevnto  and  for  his  Majesties  more  full  Sat- 
tisfaction  haue  desired  &  sent  our  honoured  &  respected 
ffreinds  m^  William  Stoughton  &  m""  Peter  Bulkeley,  both 
members  of  this  Court  to  be  our  Messengers  to  present  the 
same  to  his  Majestic  and  that  they  may  be  the  better  for- 


OF   THE    STATE    OF   MAINE.  371 

warded  in  theire  application  to  his  Majestie ;  We  do 
heereby  make  bold  to  recommend  them  to  your  Honours 
favour  and  assistance,  who  will  wayte  vpon  your  Honours, 
whom  you  will  finde  able  &  ready  to  give  your  Honnours 
account  of  the  present  state  of  the  Countrey,  both  in  reffer- 
ence  to  the  warre  &  Gods  hand  vpon  it  by  sickness ;  And 
wee  haue  the  greater  confidence  of  your  honors  goodnes 
towards  us  heerein  from  the  assurance  you  are  pleased  to 
giue  vnto  our  Gouernor  of  ^-our  affectionate  inclination  to 
Serue  this  poore  people  :  Thus  craueing  your  honours  pardon 
for  this  bold  trouble,  wee  pray  for  your  honours  prosperity 
and  remaine 

Your  Honour's  Humble  Servants 
J  L/ 
Boston  17.  October  76. 


Petition  of  the   Town  of  York. 

Whereas  by  Experience  we  doe  find  it  no  small  Inconven- 
ience &  discouragement  to  haue  our  men  belonging  to  our 
owne  towne  of  Yorke  Impressed  &  carryed  away  by  y^  com- 
anders  of  y®  forces  or  County  when  pursuing  y®  Enemy 
whereby  in  stead  of  being  Encouraged  to  stay  &  strength- 
ned  to  resist  y^  Enemy  we  are  weakened  &  left  naked  to 
y®  assault  of  y*  Enemy  who  in  y®  absence  of  y®  forces  have 
usually  &  very  Cunningly  Improoved  that  opertunity  to  prey 
vpon  y^  townes,  for  preuenting  whereof  it  is  humbly  Re- 
quested that  y''  may  be  an  order  giuen  forth  that  no  soul- 
diers  shall  be  at  any  time  remooued  least  y*^  people  be  putt 
vpon  a  temptation  to  forsake  y""  habitations  y^  dishonour- 
ablenesse  of  which  is  easily  vnderstood. 

This  Request  is  graunted  &  that  an  order  be  accordingly 
sent  to  them,  with  this  j)rovision  that  the  cheif  commander 


372  DOCUMENT AKY  HISTORY 

of  the  forces  th  at  shall  bee  may  notwithstanding  upon  any 
emergency  of  moment  comand  out  of  the  Town  of  Yorke 
such  soldiers  as  the  necessity  shall  require 

By  the  Council 
William  Stoughton 
p  order. 


Vpon  y®  rep''seutation  of  the  present  state  of  y®  Towne 
of  Yorke  &  its  danger  from  the  Comon  En  emy.  It  is  Or 
dered  by  y®  Council  that  such  of  their  Souldiers  as  are  now 
Impressed  from  them  be  forthwith  returned  to  them  for 
their  Deffence,  &  it  is  further  granted  &  Ordered  that  dur- 
ing y®  p'"sent  neereness  of  the  Ennemy,  none  be  Impressed 
to  serve  out  of  y®  Towne: 

prouided  allwayes,  that  the  Cofaander  in  cheife  of  the 
forces  that  is  or  shall  be  in  y*  County  may  notw^'^standing 
this  order  vpon  any  suddaine  Emergency,  comand  and  call 
forth,  as  many  Souldiers  thence  as  shall  be  needfull  for  y® 
time. 

Dated  19  October  1676/ 

Byy«  Councill         E.  R.  S. 


Downing's  Account  of  Fish. 
1676. 

The  maner  of  Catching  and  makeing  drie  fishe  in  New 
England. 

In  each  boate  goeth  3  men  with  fore  sayles  and  mayn 
sayle  in  both  30  yards  of  Canvace  1  Roade  of  60  fathom 

4  oares  made  in  the  Countrey 

A  drift  of  the  shoare  the  boates  goe  for  to  Catch  herrings 
with  4  or  5  netts  fastened  to  the  boats  sterne  post  ther  netts 
must  be  in  the  water  to  doe  well  before  Sunn  sett  and  re- 


OF   THE    STATE    OF   MAINE.  373 

maiue  if  herrings  enough  be  not  taken,  stormes  and  wind  not 
hindering  till  sunn  riseing  some  nights  by  reason  of  winds 
and  Current  to  prevent  driueing  on  shoare  or  of  to  farr  from 
shoare  they  hall  there  netts  tenn  times  in  a  night  rowing  to 
gett  againe  the  shoare  or  to  gett  of  from  it  many  times, 
herrings  being  scarce  they  drive  evererie  night  each  boates 
Crew  from  Sunday  night  to  Saturday  night  resting  onlie  in 
ther  beds  onlie  Saturday  night  some  rest  not  it.  the  dayes 
except  Sundayes  they  atend  Codd  Catching  this  toile  is  Per- 
formed in  St  Johns  and  severall  other  harbors  if  the  Captein 
is  Taken  in/  A  ffish  like  A  smelt  faild  of  Coming  ac- 
cording to  its  Custome  as  it  did  usualie  seldome  failing 
about  Twentie  yeeres  past  but  since  it  Cometh  not  this 
Twentie  years  as  formerlie  it  haith  not  bene  as  fformerlie 
onelie  a  little  some  yeeres  in  some  places,  it  haith  not  bene 
generallie  in  the  Harbours  afore  neither  some  yeeres  when 
in  some  harbours  could  they  Catch  fish  on  it  as  before  the 
fish  either  not  there  following  it  as  usuall  or  would  not  take 
it  baited :  it  formerlie  served  the  fishermen  for  baite  in  many 
harbors  to  kill  fish  enough  to  make  ther  voyage:  without  use- 
ing  netts  the  Captein  stayed  in  some  of  the  harbours  where 
it  lest  ffrequented  many  times  six  weekes  and  all  that  while 
great  fishing,  each  fisher  boate  most  dayes  bringing  in  on 
thousand  fishe  per  daye  the  sailing  of 

the  Captein  hath  made  the  voyages  the  yeeres  forementioned 
more  toilsome  Chargeable  for  netts  and  greatlie  lesse  profit- 
able the  quantities  of  fishe  taken,  A  great  deale  lesse  sold  at 
dearer  rates  by  the  Catchers  and  lesse  money  gott ;  now  us- 
uallie  the  Current  price  neither  highest  price,  nor  lowest  on 
yeer  with  the  other  128  per  Cintall  formerlie  116  yett  then 
twice  the  quantitie  taken  of  to  catch  the  Captein  foremen- 
tioned we  send  a  man  for  each  two  fishing  boats  and  with 
them  men  two  or  three  boats  with  a  sagne  in  eacli  boate 
which  we  joyning  to  gether  about  80  boats  have  our  bouts 
baited  by  the  three  boats  when  the  Captain  is  Catclit  they 


374  DOCUMENTARY  HISTORY 

put  it  aboard  our  boats  at  sea  or  in   harbore  evenings  or 
mornings  with  all  speed 

Wee  have  2  men  A  shoare  to  spilt  and  drie  the  fishe  A 
shoare  for  each  boate  on  man  betwixt  two  boats  goes  for 
Captein  three  men  in  each  boate  at  sea  as  forementioned 
who  Ride  casting  out  A  Killecke  or  graples  to  Ride  by  per- 
haps three  or  four  miles  or  lesse  either  side  the  harbours 
mouth,  some  places  halfe  a  mile  of  the  shoares  fishing  on 
hedges  the  water  Twentie  fathom  deep  on  them  some  lesse 
some  a  little  more,  each  man  ffishes  with  two  lines,  length- 
ened according  to  what  debth  of  water,  they  can  catch  the 
fishe  from  three  fathom  to  Thirtie  odd  fathom :  if  they  fished 
by  floats  they  have  no  Leads  and  about  foure  fathom  each 
line,  some  them  use  each  man  three  lines  two  hookes  to  each 
line  baited  and  many  times  A  fishe  to  each  hooke,  they  Cast 
each  man  his  lines  on  on  Side  the  boate  the  other  the 
other  side  if  they  cannot  Catch  fishe  on  floate  which  they 
ordinarie  doe  not  then  they  have  to  each  Line  a  Lead  about 
23  waight  useing  then  but  two  lines  each  man  the  boats  be- 
gin to  goe  to  sea  as  soone  as  the  Cod  is  knowne  Come  and 
they  readie  some  yeares  it  comes  the  first  of  Maye  but  com- 
onlie  the  midst  of  Maye  the  best  fishing  comonlie  in  June 
they  goe  to  sea  till  about  25*  of  August  they  bring  in  some 
dayes,  on  thousand  fishe  and  some  daj^es  more,  some  lesse, 
some  dayes  but  litle,  which  the  shoare  men  head  take  out 
the  Liver  of  it  for  trayne  and  put  in  ffate  for  the  sun  and 
heat  to  melt  out :  afterwards  toone  it  in  Caske  they  spilt  the 
fishe  then  salt  it  in  piles  about  2  foote  and  halfe  high  and 
the  same  breadth  on  A  topp  of  the  other:  in  ther  stage 
which  is  built  over  the  water  so  farr  out  from  the  shoare  as 
A  boate  may  come  to  it  loaden  where  the  boats  first  heave 
up  ther  fishe  out  of  ther  boats  this  stage  is  covered  with 
Saile  cloth  boards  or  rines  to  keep  e  from  the  fish  while  in 
salt  sunn  or  wett :  after  the  fishe  hath  layne  in  salt  two 
dayes  or  more  as  weather  serveth  its  washd  clean  with 
water  out  of  the  salt  and  piled  up  for  the  water  to  presse 


OF   THE    STATE    OF   MAINE.  375 

out  of  it :  the  next  daye  if  faire  weather  it  is  spread  upon 
stakes  neare  ther  stage  the  stakes  two  foote  high  five  foote 
broad,  coverd  with  smale  bowes  or  birch  Lieing  playne  as  A 
long  table  upheld  by  stakes,  two  smale  rayles  A  crosse  them 
smale  stickes  as  smale  as  quarter  staves  on  these  stakes  the 
fish  is  spread  the  fishe  sides  upward  to  the  sunn  if  drops  fall 
on  it  turne  with  all  speed  the  Skinn  side  upward  for  if  the 
fishe  side  when  ffirst  or  second  daj'e  spread  be  much  wett 
its  never  almost  good  but  spoyld  discoulourd  and  stinkes, 
the  sun  some  times  in  hot  calmes  will  frie  the  water  that 
is  in  the  fishe  and  make  it  as  if  boyled  and  fall  all  to 
peeces  some  of  it  everie  night  or  times  it  raynes  the  fishe 
abroade  to  drie,  must  be  turned  tlie  Skinn  side  upward  to 
prevent  its  being  wett  with  Raine  and  deawes  in  its  first 
dayes  going  abroad  onlie  turned  at  night  before  deawe 
falles,  the  skinn  side  upward  the  next  daye  turned  at  night 
&  made  up  6  fishes  placed  on  upon  the  other  skinn  side 
upward  and  laid  so  as  on  fish  may  cover  the  topp  of  them 
Carring  the  Rayne  most  of  the  rest  next  day  it  goes  abroad 
againe  and  so  at  night  made  up  as  afore  butt  more  putt  to 
gether  perhapps  Twentie  fishes,  after  its  being  dried  foure 
or  five  faire  dayes  the  greater  fish  excepted  because  it  askes 
by  reason  of  thickenes  A  longer  time  of  drieing,  the  ordinari 
fishe  is  piled  at  the  end  of  the  stakes  in  A  round  pile  Con- 
tayning  40  Kintalls  or  less  in  shape  of  A  haye  cocke  but  or- 
derlie  Layd  to  keepe  the  rayne  out,  the  head  made  up  with 
on  fishe  so  with  the  skinn  upward  laping  over  on  other  that 
at  last  on  fish  Covers  the  topp  and  so  keepes  out  raine  from 
entering  it  there  it  stands  till  it  sweate  and  become  moist 
then  it  is  cast  abroad  after  its  standing  sometimes  fourteene 
dayes :  the  moisture  dried  upp  then  piled  up  againe  perhaps 
two  or  three  of  them  together  and  piled  orderlie  as  afore 
then  covered  with  sayles  and  five  or  six  dayes  after  as  oper- 
tunitie  ofers  spread  on  fflakes,  bowes  or  beach,  tlie  skin  up- 
ward after  turned  the  fishe  upward  in  faire  drie  weatlier 


376  DOCUMENTARY   HISTORY 

then  the  Loader  of  the  fisli  himselfe  or  servants  lookes  over 
all  the  fish  if  any  broken  wett  or  ill  made  fish  appeare  they 
throwe  it  out  the  rest  is  when  dried  to  the  Loaders  minde 
or  his  servants  weighed  into  boats  and  Carried  aboard  shipp 

S"^  your  Servant 

1°  Downing/ 
The  wett  fishe  or  Corfishe  onlie  Covered 

over  with  Salt  and  Lett  lie  till  saued 

after  repact  into  a  square  pile  out  of 

the  salt  3  or  4  dayes  afor  weighed  of  if 

opertunitie  offer. 


Letter  from  Edward  Rawson  to   Grovernor  Andros. 

1676. 

Gentlemen 

Houne^^«  S' 

It  pleaseth  almighty  god  to  lengthen  out  our  troubles 
with  the  Barbarous  natives,  who  are  daily  making  incur- 
sions upon  o'^  Eastern  Places :  thereby  necessitating  vs  for 
their  releife  to  send  forth  from  time  to  time  an  additional 
strength  with  supplies  :  Wee  haue  also  been  lately  informed 
of  some  motions  of  your  owne  towards  those  pts  in  reffer- 
ence  whereto  wee  would  not  anticipate  either  yo"^  intenccon 
or  accons. 

nevertheless  as  wee  haue  not  been  wanting  in  o'"  endeavors 
to  suppress  the  comon  enemy,  So  wee  haue  confidence  you 
will  not  do  anything  y*  shall  in  the  least  infringe  his  Ma"^^ 
interest  according  to  the  limitts  of  his  letters  Patent  to  this 
Colony  &  y*  there  may  be  aright  understanding  kept  &  mu- 
tuall  amity  maineteyned  betweene  vs,  wee  haue  intreated 
o""  trusty  &  Hon*^  ffreind,  Major  Thomas  Clarke,  one  of  the 
Mag**  of  this  Colony  to  take  the  trouble  of  this  present  voy- 
age, to  waite  vpon  you  &  confer  with  you  in  refference  to 
this  matter,  or  w*  elce  may  be  of  publick  vtility  to  the  re- 


OF  THE  STATE  OF  MAINE.  377 

pressing  tli'  enemy  &  establishm*  of  a  setled  peace  to  all  his 
^j.^ties  good  subjects  in  these  pts. 

22  June  1677     past        E.  R.  S  : 

To  the  Hono'^ble  Edmond  Andros  Esq"". 
GoQno'  New  Yorke 
these  dd 

Toy®  Rt  WorP^i  &  much.  Honored 

Cap*  Brockase,  &  Cap*  Mathias  Nichols 
in  Any  parts  of  the  east. 


Letter  from  the  General  Court  to  the  Commissioners. 

Gentlemen  respected  &  much  endeared/ 

The  Consideration  we  had  in  your  Integrity  &  Industry 
when  wee  putt  this  troublesome  Imployment  vpon  you  is 
not  in  the  least  abated  but  exceedingly  confirmed  by  all  the 
accounts  wee  have  receiued  from  yourselves  or  other's  of 
your  vnwearied  diligence  &  prudent  mannagement  of  our 
affaires  coiTiitted  to  your  trust,  wherein  wee  are  fully  Sattis- 
fied ;  that  notwithstanding  the  extreame  Difficultyes  that 
haue  Faced  yo^  in  our  business,  yet  your  patience  sedelous 
Industry  &  wisedome,  hath  to  our  ffull  Contentment,  and 
great  admiration  ouercome  them,  for  which  as  wee  have 
greate  Cause  to  Bless  God ;  So  also  (whateuer  the  Issue 
may  be)  to  acknowledge  your  due  deserts  &  our  great  obli- 
gation* to  you^'selues,  which  wee  hope  wee  shall  in  some 
measure  discharge  vpon  all  oppertunities;  wee  cannot  wee 
neede  not  contribute  any  further  aduiso  as  to  your  future 
proceeding ;  but  doe  wholly  vnder  God  acquiesce  in  the  as- 


378  DOCUMENTARY   HISTORY 

sured  confidence  wee  have  of  yourselves  and  vpon  the  ar- 
rivall  of  the  next  ship  ;  by  which  wee  expect  to  heare  fur- 
ther from  you,  shall  take  care  to  accomodate  you  with  such 
supplyes  as  the  state  of  our  affaires  with  you  may  call  for  :  / 

Your  relations  wee  doubt  not,  will  give  you  an  account  of 
you*"  private  affaires  which  shall  not  suffer  in  any  thing  that 
wee  can  help ;  as  to  the  publick  we  Judge  it  not  vseless  to 
acquaint  you,  that  soone  after  our  losse  at  Blacke  point  in 
June  last,  Majo*"  Andros  sent  a  considerable  partie  to  Pem- 
aquid,  where  they  seated  themselues  in  right  of  the  Duke  of 
Yorke,  and  pretending  freindship  and  kindness  for  us,  haue 
don  that  seruice  for  us  as  to  conclude  a  peace  with  those 
easterne  Indians  &  haue  regayned  &  sent  to  us  most  of  our 
Captives  &  a  promise  of  returning  seuerall  vessells  the  In- 
dians had  surprized,  the  performance  whereof  wee  dayly  ex- 
pect, since  the  said  Mayo""  Andros  hath  signified  his  niinde 
to  our  Council  to  Impose  custom®  vpon  all  ffishermen  that 
fSsh  on  those  Coasts  &c.// 

wherewith  wee  are  vnsattisfied  and  are  now  returning  our 
resentment  thereof : 

About  three  weeks  since  (when  wee  hoped  to  be  at  rest) 
a  party  of  about  thirty  of  the  old  ennemy  viz*  Hadley  & 
northampton  Indians  fell  vnexpectedly  vpon  Hattfeild  burnt 
fower  houses  fower  Barnes  some  stackes  of  corne  killed 
diuerse  person^  &  carried  twenty  prisoner's  men  &  weomen 
and,  one  of  the  men  escaped  and  saith  the  Indians  were  gon 
vp  Connecticot  riuer  northward,  towards  the  ffrench,  from 
whence  they  came  &  sayd  they  were  encouraged  &  furnished 
for  this  attempt  by  a  French  Cap* ;  Wee  haue  it  vnde'  Con- 
sideration to  send  to  these  Indians  and  to  the  French  to 
endeavo*"  the  recouery  of  the  poore  Captives  and  the  better 
to  vnderstand  what  wee  may  expect  from  those  quarters. 
Wee  shall  not  Further  trouble  you,  but  as  wee  are  bound 
shall  comend  you  &  our  affayres  in  you^  hands  to  ou""  most 
gracious  God,  &  to  his  protection  &  guidance  through  his 


OF  THE  STATE  OF  MAINE.  379 

grace  hoping  shortly  to  see  you  heere  where  you  will  be 
most  welcome  :  to  : 

You''  Assured  ffreinds 
The  General  Court  of  the   Massachusetts  &   signed   by 
thei"^  orde"" 

Edward  Rawson  Secret/ 


Petition  of  Anna  Shaply. 

To  y®  Honorable  Court  now  Assembled  at  Cambridge 
y®  Humble  Petition  of  Anna  Shaply  formerly  the  Lawfull 
Wife  and  now  the  Widdow  of  Nicholas  Shaply  somtime  In- 
habitant in  Charlestowne  in  the  County  Middlesex  in  New 
England  deceased : : 

Wheras  I  the  said  Anna  Shaply  your  poore  Distressed  pe- 
titionor  it  haueing  Been  this  many  year  sence  my  Husband 
Nicholas  Shaply  Deceased  as  may  Be  Well  Known  to  some 
of  your  Honours  :  and  that  hee  Left  an  Estate :  and  this 
many  year  myself  haue  been  very  Helpless  not  able  to  doe 
anything  or  to  help  my  self  by  Reason  of  age  and  am  in 
Great  straight  by  Reason  my  Wanting  such  Necessary  and 
VsefuU  things  as  I  stand  in  Great  need  of  as  Lyning  Wool- 
ing  and  other  Nessessaryes  which  I  am  not  able  to  subsist 
Without  But  haue  not  moneys  or  wherwithall  to  git  them 
and  Know  not  how  I  shall  Doe  for  Maintainance  as  Long  as, 
The  Lord  shall  Bee  pleased  to  grant  mee  to  line  in  this 
World :  Without  some  of  my  Husbands  Estate  be  sold  ffor 
my  maintainance  alsoe  I  am  in  Debted  to  my  son  Robert 
Kniglit  for  my  Diet  &  Keeping  seuerall  yeares  which  by  a 
Bill  Giucn  him  fl'rom  vndor  my  hand  will  appear  and  hee 
hath  been  very  Carefull  of  me  Therfore  my  Humble  request 
and  Desire  to  this  Honou'"able  Court  is  that  you  might  Be 
pleased  to  take  it  into  Consideration  tliat  some  Course 
might  be  taken  for  my  Maintainance  and  that  1  might  not 
ffamish 


380  DOCUMENTARY   HISTORY 

Which  I  hope  and  trust  you  Will  stand  up  ffor  poore  Dis- 
tressed Widdows  and  Doubt  not :  Soe  Leaving  it  to  your 
serious  Considerations  :  Beseeching  and  Humbly  Desireing 
the  Lord  to  Guid  you  in  all  actions  &  transactions  as  it  is  my 
Duty  soe  to  doe  :  I  Remaiue  you'"  poor  Humble  petitioner 

mark 


Anna  A/\    Shaply 


Letter  to  the  Lord  Privy  Seal   Oct.  22.  1677. 
Right  Honorable 

Your  Lordships  Compassionate  reguard  &  undeserved  re- 
spect &  favour  to  those  gentlemen  that  on  behalf  of  this  his 
Majestyes  Colony  have  been  respondents  to  the  disturbing 
Claims  &  querulous  Complaints  exhibited  by  M"^  Gorge  & 
]\P  Mason  against  us  before  his  Most  excellent  Majesty  & 
y«  Most  Honorable  Lords  of  the  privy  Councill  Commands 
our  Dutifull  &  Humble  prostration  of  our  Selves  with  a 
Deep  Sence  of  y®  greatest  obligations  to  your  Honor  for 
your  so  great  Justice  &  favour  therein  —  &  May  we  have 
leave  to  say,  However  ill  &  absurdly  his  Majestyes  poor  & 
Distressed  subjects  in  these  parts  are  represented  &  rendred 
to  his  sacred  Majesty  or  other  Most  Honorable  persons  Con- 
cerned in  the  great  affairs  of  governm*  (God  knows  our 
Hearts)  we  desire  Nothing  More  next  to  Devotion  towards 
god  then  to  shew  our  Selves,  though  much  disadvantaged  by 
our  remotion  from  home  his  Majestyes  Most  Loyall  &  faith- 
full  subjects  &  are  Confidently  asssured  by  our  Continuance 
therein  to  find  favour  in  the  sight  of  his  Majesty  »&  gratious 
aspect  from  your  Most  Honorable  Lordship  Humbly  Implor- 
ing that  so  far  as  May  Consist  with  the  Tenor  of  your  uner- 


OF   THE    STATE    OF   MAINE.  381 

ring  Justice  our  present  occasion  May  obtain  Despatch  with 
a  full  settlem*  &  removall  of  all  Misunderstandings  between 
his  Majesty  &  us  his  Devoted  Subjects  with  Infirmations  of 
our  Duty  in  which  almighty  god  Assisting  we  shall  ever 
continue 

praying  for  your  Lordships 
Health  &  Happines. 
The  Magis**  have  past  this  letter  to  be  sent  to  the  Lord 
Privy  Seale  their  Brethren  the  Deputyes  hereto  consenting 

Edw^  Rawson  Secret/ 
22  October  1677. 

Consented  to  by  the  Deputyes. 

William  Torrey  Cleric. 


.Thomas  Bunforth  to  the  Secretary/. 

M'  Secretary, 

The  Coinission"  Acts  1675 :  before  y®  Expedition  to  y® 
Narrogansets,  wherein  is  conteyned  an  order  for  y®  Massa- 
chusetts to  help  y^  Eastern  pts  in  y*"  exegency  at  y®  Publ. 
charge. 

this  is*  w*''*  wee  stay  upon,  &  do  desire  you  to  send  us,  if 
lodged  with  you, 

not  elce.  by  service  &  love 

Tho.  Danforth. 

9.  6.  78. 


Boston  Octob^  l"*  1675/ 

The  Comission"  viide'  standing  that  the  Inhabitants  of 

Piscataqua  and  so  Eastward  are   vnde'  great  distresse  by 

Reason  of  the  Rage  of  the  Comon  Ennimy  Doe  Coinend  it 

to  the  houuo^^'®  Gouern*'!   &  Council  of  the  Massachusetts, 


382  DOCUMENTARY   HISTORY 

tha*  some  present  reliefe  may  be  sent  vnto  them,  according 
to  the  present  Exigent,  the  charges  whereof,  shall  be  allowed 
in  the  Gennerall  accouiit  of  the  Colonyes/ 

Thomas  Danforth     Presid*/ 
In  y®  name  &  by  the  order  of  the  Co  mission" 
That  what  is  aboue  written  is  a  true  Copy  Compared    w*'* 

y®  originall  so  signed  is  Attested  by 

Edw*^  Rawson     Secret/ 

I  vnde'  writt  doe  acknowledg  y^  IS***  of  Septemb'  1678 
to  haue  Rec^  the  originall  aboue  mentioned  Compared  also 
by  me  this  copie  on  Request  of  m""  Tho  Danforth  one  of  the 
ComissiouF-s  of  y""  Colony  —  Sending  a  post  for  it  as  Attests 

Jonathan  Remington/ 


October  8^  1678. 

A  returne  of  the  comitte  appointed  hy  the  G-enll  courts  to  con- 
sider of  the  matter  p^sented  Relating  to  the 
prouince  of  MayneJ 

The  principall  question  [as  wee  humbl}"-  conceue]  touch- 
ing this  affaire  (at  p''sent)  Is  Q-hether  it  bee  best  for  the 
country,  to  Hold  &  Reteyne  their  interest  in  this  prouince, 
or  to  sel  &  Alienate  the  same  unto  others?  In  Answer 
hereunto,  the  Coiiiittee  judge  it  best  for  the  country  to  close 
in  the  Affirmatiue,  for  which  they  humbly  offer  these  Rea- 
sons, with  Answers  to  some  objections  to  the  contrary. 

1  Was  it  not  this  courts  order  vnto  our  Agents  to  en- 
deuor  to  purchase  this  pattent  which  being  done  accordingly, 
it  seeme  vnbecomming  the  Grauity  wisdome  &  prudence  of 
this  court,  to  bee  yea  &  nay  in  a  matter  of  such  moment  & 
that  before  experience  is  made  of  any  inconuence  thereby 

2  Because  our  Agents  intimate  in  their  lette"  that  they 
Transacted  this  matter  by  the  concurrent  aduise  of  our 
freinds  vpon  the  place  ;  who  yet  continue  of  the  same  mind 


OF    THE    STATE    OF   MAINE.  3  83 

as  is  certifyd  by  o^  Agents  last  letters  dated  in  August  last. 

opposltes 

3  Because  our  [enimies]  in  England  particu'ly  m''  mason  & 
mr'"  Ranolph  vigorously  opposed  our  Agents  in  that  Bargaine 
&  preuailed  so  farr  as  to  frustrate  the  first  attempt,  this  act 
of  these  o""  II  willers  is  an  Argument  of  the  goodness  of  the 
thing  for  vs :/ 

4  In  This  pattent  is  granted  both  Government  &  soyle  & 
lands  &c  of  which  latter  there  is  a  considerable  quantity, 
not  in  propriety  of  any  english  man,  sufficient  to  countervale 
the  purchase,  &  their  is  little  reason  to  feare  wee  shal  be 
depriued  y'of,  because  in  all  his  maties  Grants  prprity  is 
reserued.  And  as  for  the  Gouernement  it  is  not  impossible 
wee  may  injoy  the  same  also  by  the  helpe  of  God,  hauing  to 
doe  therin  with  so  gratious  a  prince. 

5  It  may  be  considered  &  our  long  experience  hath  giuen 
vs  a  sufficient  demonstration  herof,  that  the  settlement  of 
Good  neighbours  in  this  territory  (w"''^  matter  lyes  wholly  in 
o""  liands)  wilbe  greatly  advantageous  &  conducing  to  our 
future  quiet,  but  the  settlement  thereof  by  il  neighbours 
when  it  is  in  other  mens  hands  wee  cannot  p^'vent,  may  poue 
a  great  trouble  and  affliction  to  vs,  of  which  wee  haue  had 
had  experience  in  former  times. 

6  This  place  is  plentifully  furnished  on  the  coasts  with 
good  harbours  for  fisliing  &  timber  of  all  sorts  both  for 
exportation  abroad  &  vse  at  home ;  which  are  conuencies 
that  may  bee  Beneficiall  to  the  publike  good  if  prudently 
manged. 

7  The  interest  y'  wee  herby  haue  in  the  Hands  of  Nan- 
tucket &  marthas  Vineyard  w"'  a  share  in  the  4  townes  on 
the  west  of  pasquataway ;  is  to  bee  considered  as  a  matter  of 
waight.  more  reasons  might  bee  added  but  wee  forbear,  & 
come  to  consider  som  objections. 

Objection  1  It  is  proljaljle  our  ill  willers  wil  not  bee 
wanting  in  their  endeavors  to  incense  our  gratious  King 
against  vs  &  Aleadge  y*  by  this  Acquisition  wee  aspire  after 


384  DOCUMENTARY   HISTORY 

dominon    &   enlargement  of  territory   wch   is   not   for   his 
hono""  or  interst  to  Admitt. 

Answer  If  his  matie  should  receue  any  impressions 
against  vs  in  this  case,  and  declare  his  disatisfaction  —  it  is 
then  time  enough  to  Returne  him  such  Answer  as  becomes 
Dutiful  and  loyall  subjects/. 

Objection  2  It  is  a  great  Some  of  mony  to  be  paid  for  it 
&  the  country  being  greatly  impoverished  by  the  late  warre, 
&  much  in  debt  are  not  in  a  good  capacity  to  disburse  this 
sume  without  great  inconuence. 

Answer  1  The  some  of  1250^  starling  w*^^  is  the  some  to 
bee  payd  for  it  is  not  as  wee  conceue  so  considerable  but  the 
contry  may  pay  it  without  any  great  determent  especially 
considering  the  aduantages  acrewing  therby  before  hinted  & 
it  is  very  probable  y*  some  purchasers  wil  soone  appeare  to 
by  some  parcell  of  this  land  to  reimburse .  the  treasury  of 
y^  country ;  Truly  we  conceue  God  hath  put  an  oppertunty 
into  o'  hand  by  this  purchase  of  y*  prouince  w*''^  wee  should 
thanfully  accknowled  &  improue  for  Gods  bono'"  and  the 
publike  good ;  &  not  through  feare  of  contingent  euents, 
decline,  this  opertunty.. 

Ans.  2 :  If  vpon  Experience  wee  find  it  Burthensome  or 
inconvenient  for  vs  there  is  no  cause  to  doubt  (as  wee  judge) 
but  wee  may  ease  o^'selues  without  any  damage  to  the 
country 

3  objection  In  this  pattent  it  is  required  that  the  Religion 
profesed  in  the  Church  of  England,  and  Eclesiastical  Gou- 
erment  therof  shalbe  proffesed  setled  &  established  in  & 
through  the  said  prouince ;  This  injunction  may  proue  A 
Snare  to  vs. 

Ans2ver  1  The  Religion  of  the  Church  of  England,  in  the 
Doctrinall  part  of  it  conteyned  in  the  39  Articles,  is  sound 
&  orthodox  &  for  the  substance  therof  is  not  only  professed 
by  all  protestants  generally  but  by  our  selues  also,  hence 
there  is  no  reason  for  any  good  Chtian  to  thinke  it  a  snare. 


OF   THE    STATE    OF   MAINE.  385 

Ans  2  as  for  the  ecclesiastical  Gounment  of  England, 
which  is  established  by  the  lawes  of  that  land,  Although  in 
our  judgment  wee  differ  from  it,  yet  wee  must  remember 
wee  are  prohibited  in  our  charter  of  the  Massachusetts,  to 
make  any  law  repugnant  to  the  laws  of  England,  of  which 
lawes  this  is  one,  therfore  may  not  make  any  law  against  it. 

Ans  3  If  it  should  happen  that  any  of  his  Ma*'®^  subjects 
that  doe  or  shal  herafter  Hue  there,  should  profes  &  practise 
in  matters  of  Religion  According  to  the  church  of  England, 
is  there  not  as  Good  reason  for  vs  to  Admit  them,  that  act 
therin  not  against  any  law  made  by  vs,  As  to  permit  quakers 
and  other  perswasions  dif-  from  vs,  to  practise  their  religion 
contrary  vnto  our  lawes  &  that  not  in  remote  parts  of  the 
country  but  in  o''  cheefest  townes ;  They  that  profes  Religion 
according  to  the  Church  of  England  owne  Good  &  sound 
principles  in  doctrine  &  are  obedient  to  ciuil  order,  But  the 
other  persuations  oppose  both.  Therfore  which  are  like  to 
be  the  best  neigbours  &  Subjects  let  Reason  Judge. 

Objection  4  There  was  an  inconuenience  vnto  this  Gen- 
eral Court  in  the  number  of  Deputies  Sent  from  that  prou- 
ince  in  former  times  which  haue  had  to  great  au  influence 
vpon  our  affayres ;  &  yet  the  people  of  y*  prouince  haue  paid 
litle  or  nothing  to  suport  tins  Goum*  &  being  few  &  poor  are 
like  to  do  litle  for  y®  future  for  o""  Benefit  &  therfore  wer 
like  to  bee  burthensom  rather  then  benificial. 

1  Answer  The  number  of  Deputyes  in  y'  County  Accord- 
ing to  reason  may  &  ought  to  be  limited  to  a  lesser  number 
&  according  to  their  ability  the  are  obliged  to  pay  taxes  as 
others  doe ;  for  now  those  priuiledges  they  had  before  by 
Articles  are  extinct. 

Thus  desiring  the  lord  to  guide  &  direct  the  hon^*'''  Court 
in  the  conclusion  that  it  may  bee  for  Gods  honour  &  publike 
good  we  remaine  yo""  Humble  Seruants. 

Daniel  Gookin  Sen/ 
Barthd  Gedney/ 
William  Johnson/ 
25  Jo.  Wayte/ 


386  DOCUMENTARY   HISTORY 

The  Councill  do  Impower  &  request  y®  Hon'^  Dep*  Gov*" 
&  ra*"  Joseph  Duclly  by  the  best  way  &  meanes  they  may  or 
can  to  reimburse  y®  Trery  the  moneys  disburssed  for  the 
purchase  of  the  province  of  Mayne,  by  Sale  of  the  place 
again  to  such  as  are  willing  to  bargaine  for  the  same,  or 
otherwise  as  to  them  shall  see  me  meet. 

24 :  8.     78.  past  by  y«  Council  E  R     S 

nio. 


Province  of  3Iaine  to  he  kept  in  the  Country  8  hand. 

This  Court  haueing  in  October  Session  passed  a  Vote  em- 
powering our  Hon^'^  Govern^  &  Councill  to  improve,  or  dis- 
pose of  the  Province  of  Maine,  by  Sale  or  otherwise,  for 
reimbursing  what  money  was  layd  out  in  England  for  Pur- 
chase thereof.  Vpon  further  consideration  doe  see  Cause  to 
recall  the  said  vote :  &  Judge  meet  to  keep  the  said  Prov- 
ince in  the  Country's  hand  according  to  Contract  made  by 
our  Coiniissioners,  vntill  this  Court  take  further  Order 
therein  :  the  Deputyes  haue  past  this  o""  hono'**  Magis**  hereto 
Consentinge. 

William  Torrey     cleric/ 
Consented  to  by  y®  magis*^^ 

Edw.  Rawson     Secret/ 


Crrant  from  Sir  Edm/''  Andross  Sept.  6,  1679. 

S'"  Edmond  Andross  Kn*  Seign*'  of  Sous- 
raares  Liev*  &  Governo'"  Generall  Vnder 
his  Roy"  highnesse  of  New  Yorke  &  Pem- 
aquid  &  other  Territories  in  America. 


OF    THE    STATE    OF    MAINE.  387 

Whereas  Severall  ffamelyes  Driven  from  Their  Howses 
and  habitacons  in  this  River,  and  Partes  Adjacent  and  their 
said  Howses,  and  Habitacoiis  Destro3^ed  Dureing  the  Late 
Indian  Warr,  Being  now  Resideing  vpon  this  small  ffishing 
Island  of  Saccadahoc,  Above  Sixty  Persons  where  is  nither 
Roorae  nor  Approveable  Land  for  their  Subsistance  (as 
also)  John  Vering  haveing  made  application  vnto  mee  De- 
sireing  a  Tract  of  vnimproved  Land  vpon  the  Southward 
End  of  Rowswick  Island :  where  they  may  settle  a  Town- 
ship, And  not  strugling  for  the  p'"sent,  Reserving  their 
Rights  to  their  former  Plantacons  or  Improvem**./. 

I  Doe  hereby  in  his  Maj*'®^  Name  Grant  and  Confirme 
vnto  John  Ryford,  Lawrance  Denis,  John  Butter}'^;  Tliomas 
Parker ;  John  Cock,  John  Parker,  W'"  Bickford  David 
Oliver,  James  Twisdell  W™  Baker,  Henry  Comes,  Hosa 
Mallett ;  John  Verring  Andrew  Bigford  John  Breame,  John 
Cole,  Edward  Webber  James  Verring,  John  Cock  Junier, 
ffrancis  Lowd,  W™  Hones,  John  Rely,  John  Bishop  Law- 
rance Bickford,  Jesper  Miller,  &  John  Moulton,  and  others 
in  the  Condition  There  Assosiates,  Heires  or  Siiccessers,  to 
settle  a  Townshipp  vpon  the  said  Southerne  End,  of  said  Is- 
land Rowswick,  Not  Improved  A  Little  above  or  North- 
ward of  the  first  Marsh  or  Meadow  Ground  vpon  the  Maine 
River  or  Westerne  side  of  said  Island,  &  to  have  and  Enjoy 
soe  much  Planting  or  Improveable  Land  &  Meadow  on  Both 
Sides,  or  about  said  Marsh  or  Meadow  as  they  or  Either  of 
them  ma}'^  have  Occation  for  and  shall  Improve  as  far  North- 
ward as  a  ffence  Crossing  said  Island. 

Aboute  a  Mile  above  said  Place,  and  from  said  ffence 
Southward  to  the  End  of  the  Island  as  also  Rainofe  for 
Cattle  in  the  vnimproved,  or  Land  or  General!  Consernes 
of  the  same  To  be  from  time  to  Time  Layd  out  and  Adjusted 
or  Ordered  by  a  Constable  and  Overseers  or  Assistants;  and 
the  Generall  servey**  if  Occation,  In  Common  or  gticular 
feilds  or  Parcells,  as  may  be  Most  advantagious  and  conven- 
ient  for    said   settlem'"    w'-''out    Prejudice    to  any  of  their 


388  DOCUMENTARY   HISTORY 

former  rights  any  where  Elce,  And  I  Doe  further  in  his 
jyia^jties  Name  Give  and  Graunt  vnto  the  ^aid  John  Ryford 
Lawrance  Denis  John  Buttery,  Tho :  Parker,  John  Cock, 
Jn** :  Parker,  W™  Bickford,  David  Oliver,  James  Twisdell, 
W™  Baker  Henry  Coomes  Hosea  Mallett,  Jn*»  Vereing ; 
Andrew  Bickford  Jn°  Bream,  Jn**  Cole,  Edward  Webber, 
James  Vereing;  Jn®  :  Cock  Junier,  ffrancis  Lawd,  W""  Hones; 
Jn** :  Reyly  :  Jn°.  Bishopp,-Lawrance  Bickford,  Jasper  Miller, 
and  John  Moulton,  ffor  themselves  Associates,  Heires  & 
Successors  to  be  a  Townshipp,  and  have  a  Yearly  Choyce  of 
a  Constable  &  ffour  Overseers,  or  Assistants,  for  ordering 
all  their  Generall  or  Townes  concernes  and  said  Constables 
Overseers  and  Assistants  being  confirmed  &  sworne  by  the 
Court  of  Sessions  att  Pemaquid,  or  other  Places  of  these 
Partes  or  any  three  or  more  of  them  the  Constable,  or  in  his 
absence  the  first  Overseer,  or  Assistante  being  One,  to  keepe 
Court  Quarterly  or  Oftener  vpon  Exterordinary  Occations, 
with  full  Power  &  LawfuU  Authority  to  Sumons  Person  or 
Persons :  Administer  an  Oath  And  to  heare  &  Determine, 
all  Matters  Not  Exceeding  five  pounds,  above  which  as  also 
Appeales,  and  Criminalls  Matters :  to  be  brought  to  the 
Justice  of  the  Peace  and  Remitted  to  the  Court  of  Sessions 
—  And  vpon  the  choyce  of  the  said  Inhabitants  I  Doe  for 
this  p'sent  yeare  authorize  and  appoint  John  Ryford  to  be 
Constable  and  Lawrance  Denis,  Jn°  Buttery,  Thomas  Parker 
and  John  Cock,  to  be  Overseers  or  Assistants,  w*^  full 
Power,  and  Authority,  to  act  as  above,  for  the  Good  and 
wellfaire  of  said  Townshipp,  According  to  Law,  Given 
vnder  my  hand  and  scale  at  Saccadahoc,  This  sixth  day  of 
September  One  thousand  six  hundred  and  Seventy  Nine 
And  in  the  One  and  Thirtieth  Yeare  of  his  Maj*'®^  Raigne. 

E  Andross/ 
Recorded  &  Examined 
gy  mee  William  Sturt/ 

Vera  Copia  g  Johanes 
Egidius     Cleric/ 


OF  THE  STATE  OF  MAINE.  389 

Fort  to  he  erected  about  Casco  Bay  ^c. 

This  Court  Considering  the  State  &  Condition  of  the 
Province  of  Mayne  at  present  and  that  part  thereof  about 
Cascoe  Ba3^e  where  aboutes,  there  are  severall  fishermen 
setled  and  retourned  to  inhabitt  there,  whome  this  Court 
Judg  themselues  bound  to  protect  Doe  therefore  Order  that 
a  Small  fort  bee  erected  about  Cascoe  bay  and  one  bar- 
rack for  nine  men  mayntayned  for  the  preservation  of  the 
s'^  fort  and  that  the  Councill  shall  take  care  in  ordering  all 
things  relating  herevnto  as  they  shall  Juge  meet  for  vvel 
governinge  and  protection  of  the  people  there  &  prevention 
of  trouble  by  Indians  or  any  others  the  Deputyes  haue 
past  this  or  liono'"'^  magis. 

William  Torrey     Cleric/ 

29.  Octob.  1679. 

Not  Consented  to  by  the  magis**     Edw**  Rawson/ 
but  is  Refered  to  y®  next  court  of  Election. 

E  R    S. 


Government  to  he  Established  in  Maine.  Feb.  10.  1679. 

This  Court  taking  into  Consideration  the  necessity  of  a 
speedy  Establishing  a  Goverment  in  the  Province  of 
Maine,  &  the  p^'sent  Season  &c  requiring  a  speedy  issue  of 
this  Sessions  of  Co^'t;  The  Honoured  Councill  of  this  Juris- 
diction is  requested  &  hereby  empowered  to  take  Order 
for  settling  the  said  Government,  &  appointing  a  p'^sident 
w*^  Justices  of  the  peace  &  other  officers  as  is  directed  in 
m''  Gecjrges  Pattent  &  to  Comissionate  the  Sames  accord- 
ingly vnder  the  Seale  of  this  Colony  &  this  to  be  in  force 
vntill  the  next  CoH  of  election  here,  &  vntill  further  Order 
be  taken  by  this  Court  tlierein.  the  Deputyes  haue  past 
this  Desireinge  the  Consent  of  o""  bono'''*  magis**  hereto, 
ffeb  :  lO**!  1679.  William  Torrey     Cleric/ 

Consented  to  by  y**  magis**  Edward  Rawson     Secret/ 


390  DOCUMENTARY   HISTORY 

Commissioners  to  Estahlish  Government  in  Maine. 

Boston  23.  12.  79. 
Gent" , 

The  alwise  providence  of  God  haueing  so  disposed  y*  by 
o'"  Purchase  derived  from  y^  Heyres  of  S'"  fferdinando 
Georges  Wee  are  now  y*'  Proprietors  of  y*  his  Ma*'®*  colony, 
called  y®  Province  of  Mayne. 

In  pursuance  of  y*'  trust  y*  is  incumbant  on  us,  These  are 
to  inforrae  you  y*  wee  haue  resolved  God  willing  to  take 
effectuall  care  for  y®  Goverm*  &  proteccon  of  his  ma*^®*  good 
subjects  y*"  Inhabiting  according  to  y*^  direccon  &  constitu- 
tion directed  in  his  ma*^®*  charter  for  y*  Province  and  for 
y*  end  haue  ordered  y®  drawing  up  a  comission  und""  y® 
scale  of  y®  gov""  &  Company  for  y®  coiTiissionating  of  c^'teine 
Gent°  for  y®  performance  and  executing  of  said  trust  & 
charge  -  &  for  y®  better  effecting  hereof  do  hereby  order 
y*  y^  Inhabitants  of  y®  seQall  Townes  within  s**  Province 
be  by  warrant  from  m*"  Rishworth  sumoned  to  appeare  at 
York  towne,  Wedensday  the  IT**^  day  of  March  then  &  there 
to  attend  such  orders  &  comands  as  shall  y"^  be  required 
to  be  observed  of  them  in  observance  &  according  to  y® 
direccon  of  y®  aboves^  At  w*'^  time  you  may  expect  to 
receiue  a  further  order  &  comission  by  y®  hands  of  some 
Gent™  of  the  councill  by  us  comissionated  to  said  trust. 

In  confidence  of  yo*'  not  faileing  o"^  expectacco  in  y®  p'^em- 
ises  wee  take  leave.     &  are 

Gent^^ 

y""^  loving  friend 
E.  R. 
by  y®  order  of  y®  Hon^^ 
Gov'  &  Councill  of  his  Ma««» 
Colony  of  y®  Massachusets. 

To  M'"  Rushworth/ 
M'  Hooke/ 
Cpt  frost/ 
Capt  Davis/ 


OF  THE  STATE  OF  MAINE.  391 

A  Declaration  of  the  Inhabitants  of  the  Province 

of  Main./ 

"Wheras  upon  a  late  purchase  made  by  the  Agents  of  the 
CoUony  of  the  Massachusets  in  the  behalf  of  S'  Fardinando 
Gorges  Heirs  of  the  Province  of  Main  in  pursuance  whereof 
have  commission ated  severall  Gent  to  Assert  their  Author- 
it}^  over  the  Inhabitants  of  the  said  Province,  to  make 
entrance  unto  the  settlem*  thereof,  according  to  the  Regula- 
tion of  that  Charter  requireing  Subjection  thereunto.  And 
forasmuch  as  his  Maj"®  by  his  late  letter  doth  manifest  his 
disallowance  of  their  purchase  aforesaid,  so  that  by  our  con- 
senting to  their  commands  in  the  premises  we  shall  endanger 
his  Ma*^^  displeasure  therein,  to  whom  our  Allegiance  is 
due  Do  therefore  by  these  presents  declare  our  dissent  & 
noncoucurrence  in  any  such  method  of  Governm*  as  by 
them  is  intended  to  be  settled  untill  his  Maj*'*'*  pleasure  be 
further  known  for  the  Confirmation  thereof,  which  being 
assented  we  shall  readily  render  our  subjection  thereunto./ 

This  Declaration  was  delivered  to  ]\P  Thomas  Danford, 
sent  over  by  the  Gov'  &  Councill  of  Boston  as  their  Presi- 
dent of  the  Province  of  Maine  (sitting  then  in  Court  at 
York  in  the  said  Province,  upon  the  IS^'^  of  March  1679) 
by  John  Hole  in  Ijehalf  of  the  Gent  whose  names  are  here- 
unto subscribed./ 

Nicholas  Shapleigh  Edmund  Hammond    Nathaniel  Raino'" 
John  Hole  Roger  Dearing  John  Brane 

Richard  White  John  Twisden  Arthur  Beate 

Peter  Dixce  James  Wiggins  Senio'' Jasper  Pulman 

Elihu  Gunnison        Diggery  Jeffery  Nathaniel  Daniel 

Joshua  Downing      Stephen  Jenkins  William  Moore 

Thomas  Rice  John  Marrel  Clement  Short 

Richard  Nason  Jabes  Jenkins  Alexander  Cooper 

Richard  King:  John  White  John  Card 

Richard  Go  well         John  Green  Thomas  Curtis 


392 


DOCUMENTARY   HISTORY 


Thomas  Furnell 
Gabriel  Christian 
William  Ramuck 
Enoch  Howkins 
William  Tetherle 


George  Barren 
Adrian  Fry 
John  Banks 
John  Key 


Daniel  Dilt 
John  Persons 
William  Ashley 
Thomas  Littlefield 


Rowland  Young  Senio'"  Thomas  Bragdon 


Thomas  Hunchcomb  John  Miller 


Richard  Miller 
Richard  Green 
Sampson  Anger 


John  Balson 
John  Puddington 
Thomas  Mussey 
Jeremy  Sheares 
Joseph  Daniel 
Tho:  Traftington 


To  the  Kings  Most  Excellent  Majesty 
The  humble  Petition  of  Joshua  Down- 
ing Inhabitant  of  the  Town  of  Kittery 
in  yo'  Majesty's  Province  of  Main  in 
New  England./ 
Humbly  Sheweth 

That  yo""  Petitioner  hath  lived  in  the  said  Town  about 
twenty  eight  years,  &  hath  been  a  great  Sufferer  under  the 
Usurpation  of  the  Governm*  of  Boston  for  his  loyalty  to 
yo^  Ma"®  &  owning  the  Right  of  the  Heirs  of  S'  Fardi- 
nando  George  as  lawfuU  Propriato"  of  the  said  Province./ 
That  about  the  12*'i  of  March  1679  yo'  Petition'^  with  all 
the  Inhabitants  of  said  Province  were  summoned  in  yo' 
Ma**®^  name  to  make  their  Appearance  at  the  Town  of  York 
in  the  said  Province,  to  take  the  Oath  of  Allegiance ;  where 
finding  Thomas  Danford  one  of  the  Magestrates  of  Boston 
(assumeing  to  himself  the  Title  of  President  of  the  said 
Province)  accompanied  with  three  or  four  Persons  for  his 
Councill;  he  tendered  the  Oath  of  Allegiance  to  yo*"  Peti- 
tioner, who  (haveing  twice  taken  the  said  Oath  before) 
desired  them  to  satisfy  him  by  what  Authority  they  there 


OF  THE  STATE  OF  MAINE.  393 

acted,  not  that  he  refused  takeing  the  Oath,  but  was  unwill- 
ing to  receiue  the  same  from  every  Pretender:  Whereupon 
the  said  Thomas  Danford  told  yo""  Petitioner  that  he  was 
one  of  those  that  actually  opposed  his  Ma"*^^  Authority,  & 
particularly  in  signing  a  Protestation  &  joyning  with  many 
other  of  the  Loyall  party  against  the  present  proceedings  of 
the  said  Thomas  Danford;  and  further  said  that  yo'"  Peti- 
tioner should  know  his  power,  &  he  would  shortly  send  him 
further  off  &  immediately  by  his  Warrant  (as  by  the  coppy 
thereof  hereunto  Annexed  doth  Appear)  committed  yo*" 
Petitioner  (though  very  lame  &  indisposed)  to  Goale  & 
denied  him  the  benifit  of  one  to  attend  him  to  yo^  Petition" 
great  dammage./ 

Now  forasmuch  as  the  said  Thomas  Danford  assumeth  to 
himself  great  power  in  this  Country,  and  there  are  no 
Courts  or  Authority  settled  in  this  Plantation  of  New 
England  whereto  the  wronged  Inhabitants  may  appeal  in 
expectation  of  Reliefe  ;  Yo""  Petition'^  humbly  prays  yo"^ 
Ma"®  to  take  the  premises  into  yo'  Royall  Consideration,  so 
that  he  may  receive  full  Satisfaction  for  his  false  Imprisonm* 
&  that  neither  the  said  Thomas  Danford,  nor  any  other  like 
Pretender  (from  the  Governm*  of  Boston)  may  exercise 
Power  &  Authority  over  this  Province  without  yo*"  Ma**®* 
Royall  Assent  first  had  and  obtained ;  To  which  both  yo' 
Petitioner  &  all  the  other  Inhabitants  shall  (with  their  Lives 
&  Fortunes  readily  submit  unto,  &  defend./ 

And  yo""  Petitioner  shall  ever  pray 
Joshua  Downing/ 


394  DOCUMENTARY   HISTORY 

Lands  in  Maine  to  he  sold.  May  26,  1680. 

ffor  the  better  settlement  &  planting  of  the  prouince  of 

Mayne  and  the  encouragement  to  rebuild  the  wast  places 

thereof 

It  is  Ordered  that   such   lands   as  are  ffree   and  at  the 

dispose  of  the    cheife    Lord   proprieto"*  as   well  the  Island 

as  on  the  mayne  shall  forthwith  be  granted  &  sold  to  such 

as   shall    be   willing  to  purchase  or    Improove  the  same  & 

the  Dep*  GoQ   major    Gookin    &    W™   Stoughton  Esq'*^  are 

Appointed  and  Authorized  by  this  Court  to  take  order  for 

the  Survey  of  the  said  Lands  &  making  such  Contracts  & 

grants  as  to  them  shall  seeme  meete  for  the  sale  &  dispose 

thereof  &  the  Tresure'"  is  Authorized  to  signe  the  Deeds  of 

Sale  on  the  receite  of  the   moneys   Contracted  for  b}'"  the 

comittee  abouesaid//     The    magis**  haue   past   this    theire 

brethren  the  Deputies  heereto  consenting 

Edward  Rawson     Secret/ 

26  may  1680/ 

The  Deputies  Consent  not  heer  too 
Mav.  27:  1680: 


Elisha  Hutchinson  g  order. 


Petition  To  the  Kings  most  Excellent  Ma*y 

The  Peticon  and  Address  of  the  Generall 
Assembly  of  the  Province  of  Maine  in 
New  England 
In  most  humble  wise  sheweth 

That  whereas  y""  Ma**  poor  Subjects  and  humble  Suppli- 
ants have  been  by  y®  Sovereigne  dispose  of  Almighty  God 
planted  and  settled  in  these  remote  parts  of  y""  Ma*^  Domiu- 


OF  THE  STATE  OF  MAINE.  395 

ion.  Wee  have  not  onely  conflicted  with  many  wants  and 
difficulties  inevitably  attending  the  Subdueing  and  planting 
of  a  barren  wilderness  but  also  have  been  greatly  disadvan- 
taged b}'  y^  many  interruptions  and  changes  from  time  to 
time  made  and  happening  in  our  Governm*  through  y®  failer 
of  those  betrusted  therewith  by  him  who  was  the  cheife 
Lord  Proprietor  upon  this  ground  it  was  that  we  were 
necessitated  for  our  owne  security  from  y®  unruliness  of 
turbulent  Spirits  growing  up  among  ourselves  and  from  Our 
defence  from  y^  rage  of  the  Heathen  Natives  soon  to  crave 
y®  Succor  and  Shadow  yo**  Ma**  Subjects  our  Brethren  and 
Neighbours  the  Governor  and  Comp*  of  the  Massachusets 
Colony  who  in  the  time  of  our  distress  did  not  spare  any 
expence  of  blood  or  Treasure  for  our  defence  and  safety 
without  whose  help  and  assistance  this  yo""  Ma**  Province 
had  been  at  this  day  utterly  Laid  wast  and  desolate  and 
when  by  reason  of  the  devastation  of  some  of  our  Townea 
we  were  not  able  to  pay  our  owne  soldiers  nor  to  find  them 
cloathing  ammunition  and  provision  Wee  were  furnished 
with  supply  of  all  these  from  them  and  with  Souldiers  also, 
at  their  own  charge  amounting  to  y®  value  of  more  than 
Seaven  thousand  pounds  in  money  for  such  indeed  hath 
been  their  pity  and  tendernes  towards  us  that  they  have 
never  Received  of  Us  one  penny  Tax  either  in  y**  time  of 
peace  or  Warr  excepting  was  to  be  distributed  among  y« 
Inhabitants  of  our  owne  Province  for  equalizeing  of  y® 
Burthen  of  this  Warr  among  ourselves  This  We  judged  to 
be  our  duty  to  represent  to  y*"  Ma*y  that  what  in  us  lyes  we 
might  prevent  y^  injury  w'^^  false  accusations  of  our  friends 
may  do  to  us  and  them. 

And  whereas  by  a  late  purchase  made  from  the  heires  of 
S""  fferdinando  Gorges  kn*  the  Gov""  and  Company  of  the 
Massachusetts  are  now  your  Ma'*  Leivtenant  and  our  cheife 
I>.ord  proprietor  and  liavc  not  onely  Administered  to  us  the 
Oath  of  Allegiance  to  y*"  Ma*y  none  refuseing  it  except 
Quakers  and  some  that  colcsce  with  them  but  further  to  our 


396 


DOCUMENTAKY   HISTORY 


great  benefit  and  advantage  proceeded  to  Settle  a  Governm* 
among  us  in  pursuance  of  and  according  to  the  Royall 
Charter  granted  to  S*"  fferdinando  Gorges  aforesaid  his  heires 
and  Assignes. 

Wee  doe  therefore  in  most  humble  wise  address  our- 
selves to  y^'  most  ExcelP  Ma*^  for  your  benigne 
Aspect  and  Royall  favour  to  be  towards  us  your  poor 
Subjects  that  tlie  wrongfull  accusations  and  Sugges- 
tions of  any  who  have  or  may  sinisterly  represent  us 
and  our  present  Estate  and  condicon  to  your  Ma*y 
may  not  prevaile  to  bring  on  further  alterations 
amongst  us  But  that  wee  may  enjoy  the  benefit  of 
your  Ma*^  protection  and  have  continued  to  us  this 
our  Settlernent  and  be  thereby  incouraged  to  rebuild 
our  wast  and  desolate  Towns  and  places  and  be  saved 
from  the  like  future  damages  that  have  falne  heavy 
on  us  by  our  former  dissettlements 

And   y''  poore   Subjects   shall   remaine 
humbly  to  Pray  &c. 

Bryan  Pendleton  Dep*  President 

Joshua  Scottow 

Edw:  Rish worth 

John  Wincoll 

Franc:  Hooke  [> Assistants. 

Samuell  Wheelright 

Charles  Frost 

Samuell  Davis  ^ 

^Job  Alcocke    ] 

Abra:  Preble  f^°^'Y"^'^ 

Ezek :  Knightg    ) 

John  Littlefeild  [  ^°^'  ^^^^^ 

John  Harman  jfor  Saco. 

Roger   Kelly  I  for  Isles  of  Shoals 

George  Broughton 
^  James  Emery 


Burgesses  < 


I 


for  Kittery 


OF    THE    STATE    OF    MAINE.  397 

Incroachments  of  the  G-enV^  of  Neiv  York  at  Pemaquid. 

S^  I  am  Required  by  our  liouno'ble  Gou'no''  &  Dep*y 
GoGno'^  to  siguify  vnto  you  that  on  what  is  come  to  their 
knowledge  of  the  Genf^  of  New  York  at  Pemaquid  theire 
Incroachments  on  us  &  the  people  vnder  our  Gove'^nm*  in 
the  Province  of  Maine  that  they  have  Judged  it  necessary 
to  Call  a  Council  to  Assemble  &  be  together  in  Boston  on 
the  Day  of  this  Instant  August  at  of  the 

said  day  to  Consult  the  necessary  welfare  of  the  people 
vnder  our  Inspection  there  and  therefore  doe  hereby  desire 
your  presence  &  Assistance  at  the  time  &  place  prefixt ;  for 
the  ends  aforesaid:  not  else  but  expecting  yo*"  performance 
remaine  S"^ 

Your  humble  Servant 

Edward  Rawson     Secret  By  order 
of  the  GoGn'"  Dep*  Gouno'"  &c. 
Boston  14*'^  Ausrust  1680  = 


Grovernment  at  Pemaquid  to  be  Maintained  ^  defended. 

The  Councill  being  credibly  informed  y*  some  persons 
belonging  to  Pemiquid,  und"^  p^'tence  of  order  by  y™  receiued 
from  S'  Edm.  Andross,  haue  made  disturbance  among  y^ 
Inhabitants  of  Casco  in  y^  Province  of  Mayn-e,  &  have 
turned  out  of  their  places,  the  Constable  &  such  as  were 
comissioned  with  mag*call  authority  according  to  his  Ma"^* 
charter  for  y®  Governm*  of  s*^  Province  &  haue  also  so  farr 
threattened  y®  Inhabitants  as  that  they  are  affraid  to  abide 
under  his  Ma''®^  Gover™'  &  authority  there  setled,  unless 
Speedy  provission  be  made  for  their  protectio  ag*  y®  insol- 
encyes  of  said  usurpers. 

Upon  a  full  debate  had  in  Councill  of  the  p'"emises  It  is 
resolved  that  his  Ma*'''*  Goverm*  orderly  setled  in  said  place 
&  y"  propriety  of  the  aboves'*  Inhabitants  ought  to  be  main- 


398  DOCUMENTARY   HISTORY 

teyned  &  defended  by  y^  Gov""  &  Company  of  this  Colony 
who  are  now  legally  y^  cheife  proprietor  of  s**  Province,  And 
Pursuant  hereof  do  order  y*  160:  men  to  be  forth  pressed, 
with  ainunition  &  provission  necessary  for  y®  said  service, 
and  y«  charges  of  said  expedition  to  be  p^^  by  y^  Country 
Trer.  &  Capt:  Tho:  Brattle  &  m*"  Jn"  ffayreweather  A:  B.  C. 
are  appoynted  a  Comittee  to  press  such  sloops,  boates,  pro- 
vission, &  amunition  as  they  shall  receiue  order  from  Tho 
Danforth  Esquire  dept  GovO""  and  to  charge  bills  on  the 
treasurer  to  be  payd  by  him  as  he  shalbee  enabled. 

It  is  agreed,  that  In  case  y^  n°  cannot  be  compleated  by 
volunteers  then  y^  Majors  of  Suff.  &  Middlssex  shall  ord"" 
y^  impressing  of  so  many  as  shall  be  wanting  to  compleat 
y«  s^  N«  in  each  County  equally,  &  the  afores^^  Tho  Dan- 
forth Esq*"  to  direct  the  Secretary  to  giue  forth  orders  to  the 
Major's  for  Impressing  the  men  &  to  y*'  afores^  Coinittee  to 
Empress  all  other  gvisions  &  amunition  as  afores**  &  giue 
such  incouragem"  to  voUenteeres  as  he  shall  see  Cause  by 
Lands  &c  not  exceeding  TOO  acres  as  wil  become  inhabit- 
ants there  and  remayne  there  seven  yeares  and  m""  Gidney 
is  desired  to  accomp^  the  president  of  y®  sayd  province  in 
this  expedition 

.16  August  1680/  past  E  R     S. 


Report  of  a   Committee  in  relation  to  a  New  Plantation  on 
the  Northern  part  of  Casco  Bay. 

To  the  Honourable  Gouerno'  and  Company  of  The  Mas- 
athusetts  CoUony./ 

May  yo'  Hon"  be  Informed  that  we  vnder  written  beinge 
by  yo""  selues  called  to  saruice  In  the  setleinge  &  Regula- 
teinge  the  affaires  of  a  New  plantation  on  the  Northern 
part  of  Caskoe  Bay:  haue  in  pursuance  theire  of,  Gone 
vpou  the  place,  undertaken  a  view  of  the  Setuation  theire 


OF    THE    STATE    OF    MAINE.  399 

of  and  Cbnsideringe  of  the  claimes  that  are  made,  as 
deriued  from  the  first  proprietor  S""  ffardenando  Gorge 
doe  tacke  vp  a  Great  part  of  the  front  and  best  part 
of  the  land  in  said  grant,  to  the  great  discoradging  of 
those  that  intended  setlement  theire,  which  the  Hon'"®** 
president  Consideringe,  haueinge  tacken  a  view  of  the 
place,  hath  Granted  and  Aded  to  yo'"  former  grant  the  In- 
teruieuing  land  Ijinge  betweene  the  bounds  of  ffalmouth  & 
the  riuer  of  Wescustoge  tlie  west  bounds  of  yo""  grant  and 
an  Hand  next  the  Sea  which  we  suppose  very  needfuU  for 
Incoradginge  of  fishinge,  &  trust  yo'^  Hono"  will  Ratifie  & 
Comfirme  the  same,  &  would  alsoe  Informe  yo"*  Hon**  that 
we  Conceaiue  that  the  buildinge  and  Improuinge  of  the  Saw 
Mill  Ereckted  in  that  Towneshipp  by  Barth  Gidney  Esq"^ 
will  be  the  Maine  &  cheife  Incoradgement  to  the  first  setle- 
ment of  the  said  towne,  without  which  we  Cannot  se  at 
present  a  likelyhood  of  any  conuenient  progresse  in  set- 
leinge  &c  &  haueinge  Consulted  w*  Bar  Gidney  Esq""  about 
it,  find  him  not  willinge  to  disburse  further  vpon  it,  vnles 
yo*"  Hon"  Confirme  to  him  such  a  part  of  his  purchase  as 
may  be  suffitient  accomodation  to  such  an  affiiire  &  Liberty 
of  Cuttinge  timber  on  any  part  of  the  Riuer  or  Coues  for 
feadinge  the  said  Mill:  we  would  Moue  to  yo'"  Hon*"*  that 
theire  may  be  sutable  accomodation  for  the  Mill  Granted, 
lynge  vpon  the  Riuer  next  aboue  the  Towne  boundes  & 
buttinge  theire  vnto  to  the  Quantity  of  Three  Thousand 
acres  of  land  theire,  beinge  in  all  such  cases  need  of  land 
suffitient  to  bestow  on  such  working  as  must  be  emplo^^ed 
in  y^  suruice,  and  will  greatly  incoradge  y'^  setleingo  of 
famillyes  sutable  for  y*^  Imploy  which  if  yo"^  Hono"  please 
to  Grant  &  confirme  we  sliall  wt  aduice  &  helpe  of  Bart 
Gidney  Esq'"  Indeaour  to  o'  vtmost  still  to  proceed  &  effeckt 


400  docujVientary  history 

In  discharge  of  the  trust  Coraitted  to  vs;  and  doe  remaine 

yo'^  Hono"  in  all  Humble  obsaruance 

Siluanus  Davis/ 
■      Walter  Gendle/ 
George  Pearson/ 
Anthoine  Brackett/ 


To  he  added  to  y^  Instructions. 

With  reference  to  y®  Province  of  Mayne,  In  case  y^  aff^ 
all  humble  intreaties  &  a  true  representation  of  that  affaire 
^yth  i-espect  to  his  Maj"^*  true  interest,  as  well  as  his  good 
Subjects  of  y*^  Province,  his  Ma*®  favour  cannot  be  obtained 
for  o""  holding  the  same  ;  you  shall  humbly  pray  a  reimburse- 
ing  of  o""  great  expences  for  y^  purchase  and  securitie  of 
said  Province  against  y®  Natives  before  we  be  coiTianded  to 
deliver  up  o'  deeds  of  sale  ;  &  finally  you  are  in  most 
humble  wise  to  submit  that  whole  concerne  to  his  Maj*^ 
pleasure.//  The  magie**  haue  past  this  their 

23  May  brethren    the   Deputies   hereto 

1681.  Consenting 

Edward  Rawson     Secret/ 

The  Deput*  Consent  not  hereto 
William  Torrey     Cleric/ 


President  of  Maine. 

The  majestrates  haue    ellected    &  Appointed   the    Hon- 
nored  Thomas  Danforth  Esq''  our  present  Deputy  Gouerno"^ 


OF    THE    STATE    OF    MAINE.  401 

to  be   President    of  the    Province  of  Maine  for  the  yeure 
ensuing  their  brethren  the  Depu"^*  hereto  Consenting-// 

Edward  Rawson     Secret/ 
31  May  1681. 

Consented  to  by  y®  Depiitys 
May  31 :  1681 :  Elisha  Hutchinson  g  order. 


C ommittee  to  inquire  into  the  state  of  the  Province  of  Maine. 
Major  Pinchon,  Major  Savage  &  m""  Nowell,  are  nominated 
by  y®  Mag*^*  to  be  a  coraittee,  to  joyne  with  some  of  o'^  Prn. 
y®  Dep*^  to  inquire  conc'^ning  the  p'^sent  state  of  y®  Povince 
of  Mayne,  &  ye  settlem*  of  fort  Loyall  &  to  consider  w'  is 
necessary  further  to  be  done  for  y®  maintenance  thereof,  & 
to  p''sent  y^  same  to  y®  Court  in  y®  after  noon 

The  Magistrates  have  past  this  our 

brethren  the  Deputyes  Consenting/ 
May  31.  81 

The  Deputys  have  Chosen  Maj'"  Pike  Cap"  Sprage  Cap* 
Waite  &  Lef*  Johnson  to  Joyne  w'^  o*"  hon'"'^'  Majestrets  to 
be  a  Comitty  as  in  the  with  in  bill,  May  31 ;  1681  : 

Elisha  Hutchinsoii  j)  ord"" 


Return 

The  Returne  of  the  Committee  appointed  by  the  Gen" 
Court  to  Enquire  into  the  state  of  the  Province  of  Meyne, 
And  what  was  further  needfuU  to  be  done  for  the  Settle- 
ment of  Fort  Loyall  and  the  maintenance  thereof. 
1.  For  the  Province  itself  we  cannot  as  yet  by  any 
26 


402 


DOCUMENTARY   HISTORY 


enquiry  satisfy  ourselves  so  as  to  give   Information  to  the 
Court  what  it  may  produce. 

2.  For  the  Fort  we  apprehend  needfull  that  it  should 
be  continued  or  defended,  both  for  the  securing  of  the 
People  in  those  parts  against  the  Indians  and  any  bad 
neighbours,  &  also  from  the  encouragement  that  People 
take  from  it  to  replant  themselues  there. 

3.  In  order  to  the  maintaining  or  defence  of  that  Fort 
&  place  we  judge  there  cannot  well  be  less  than  13.  men.  viz. 
a  Captain,  a  Serjeant,  a  gunner  and  10  private  Souldiers. 

4.  We  are  informed  that  the  People  of  that  Province 
are  so  sensible  of  the  benefit  to  themselues  that  they  are 
willing  to  maintaine  six  private  Souldiers. 

5.  The  remainder  of  the  charge  for  the  Captaines 
Salary  Serjeant,  Gunner,  and  4  Souldiers  with  a  magazine 
will  amount  to  four  hundred  pounds  p  afil  in  Country  pay. 

6.  We  hope  something  to  ease  this  burthen  may  be 
raised  out  of  the  Beaver  trade  and  from  the  Saw  mills  & 
some  other  ways  which  may  in  a  little  time  wholl}^  ease  this 
Colony  of  the  p''sent  burthen. 

May  31.  1681/  John  Pynchon  in  y® 

name  of  y^  Comittee/ 

The  Deputys  haue  gvsed  this  Returne  of  y®  Comitt}^,  & 
doe  aproue  of  it  &  order  y*  fforte  Loyal  bee  Maintained  at 
y®  Charge  of  this  Collony  guided  y'^  Province  maintaine  six 
souldi'"s,  &  y®  Hon"'  p''sident  is  desiered  to  take  care  y*  it  be 
Maintained  w"'  as  little  Charge  as  may  be :  past  by  y^  Dep- 
utys o'  hon'*'  Majestrets  Consenting,  June.  1:  1681: 


2.  June  1681. 


Consented  to  by  y®  Magis*^ 

Edw.  Rawson     Secret 


OF  THE  STATE  OF  MAINE.  403 

Petition. 

The  humble  petition  of  y®  Generall  As- 
sembly now  sitting  at  Wells  August 
18*1^  1681  to  their  Hono'-*  president 
Thomas  Danforth  Esq"" 

Hono'"'^  S'^  and  our  very  worthy  president,  after  a  long 
time  of  vnsettlement  in  this  province,  It  hath  pleased  the 
Lord  in  an  vnexpected  but  gracious  way  of  providence  to 
improue  your  Hono''  as  an  Instrument  of  Laying  a  founda- 
tion of  present,  and  wee  hope  of  future  happy  settlement, 
for  y^  peace  &  incouragement  of  this  poor  peoj^le  and  your 
ready  inclynation  therevnto  appearing  in  yonv  proposalls 
wee  your  Humble  petitioners  can  but  heartyly  acknowledge, 
therefore  we  request  as  folio  we  th. 

1*'-  That  whereas  many  doe,  though  others  doe  not 
see  the  large  extent  of  your  great  bounty  in  y^  proposalls 
made,  not  to  alter  y®  same  but  to  giue  a  like  cleare  vnder- 
standing  to  all,  it  is  humbly  requested  y*^  y*^  proposalls  may 
bee  placed  in  y*  order,  in  which  they  are  in  this  paper 
annexed  y*  all  eyes  may  see  how  great  y®  liberties  are,  y*  are 
conferred  on  them  and  how  great  y*^  bondage  is  y*^  they  are 
freed  from  by  your  fauourable  concessions,  and  may  bee 
tyed  vp  in  greater  bonds  of  thankefuUnesse  to  god  and 
obedience  to  y^  authority  which  god  hath  placed  over  us. 

2.  Wee  humbly  petition  y*  every  mans  Lands  may 
bee  confirmed  to  him,  »&  his  heires  or  Assignes  for  ever, 
according  to  y®  lavs^  title  lands,  free  Lands,  vnder  your 
Honors  liand  and  Scale,  as  y"^  pattent  requiereth. 

3'y  Considering  y*  y®  Inhabitants  of  y®  province,  are 
few  in  Number  and  feeble  in  power  to  withstand  an  Enimie 
forraino  or  domesticke,  &  y*  considering  whosoever  may 
Invade  us  is  a  conion  enimie  to  y"  three  vnited  Coloneys 
also,  wee  therefore  desire  y*^  wee  alsoe  may  bee  listed  in  y^ 
same  confederacy  with  y®  three  vnited  Colonys,  to  yeiid  our 
proportionable  Assistance,  and  to  beare  our  eequall  share 


404  DOCUMENTARY  HISTORY 

proportionably  in  y^  Charge,  in  case  any  warr  arise  against 
ns,  or  any  of  y^  three  colonys  and  they  alsoe  to  beare  y®  like 
charge  with  us. 

4'y  That  your  Hono'"  would  be  pleased  to  grant  us  the 
profitts  of  y®  Indian  Trade,  towards  defraying  the  publique 
charge  of  y®  province. 

Vera  Copia. 


Instructions 

Instructions  for  y®  Messenger  appoynted  to  carry 
y®  Generall  Assemblys  result  to  y®  Hono""*^  presi- 
dent as  followeth. 

1^*  That  before  you  deliuer  vp  y®  originall  past  by  y® 
whole  Assembl}''  y*  you  prese  nt  a  true  Coppy  of  it  vnto  him 
with  y®  proposalls  left  by  himselfe,  as  now  stated  by  y®  Gen- 
erall Assembly. 

2'y  Humbly  to  represent,  y*  according  to  y®  rigour  & 
full  Extent  of  these  proposalls  wee  oblidge  ourselues  vnto 
what  wee  are  vnder  an  incapacitie  to  performe  withouty® 
Assistance  of  our  L*^  proprieto'",  &  doe  humbly  craue  y'  in 
case  of  war  either  with  an  Intestine  or  foraine  enemy,  pro- 
vided y®  province  doe  beare  their  proportionable  charges 
with  y®  proprietor  then  wee  doe  humbly  expect  our  Hon- 
ored proprieto*"  shall  releiue  &  protect  us. 

3'y  That  y^  law  concerning  lands,  Intitled  free  lands, 
be  according  to  a  promise  made  wee  conceiue  by  o^  Houo^ 
president  bee  made  good  vnto  us. 

4'y  That  y*'  Third  Claues  in  our  petition,  relateing  to 
y®  Joynine  of  us  in  confederacy  with  three  colonys,  must 
bee  left  to  y®  consideration  of  o"^  L*^  proprieto'^  whether  it 
can  bee  Effected  or  not. 

6 :     The  last  clause  in  our  petition  refering  to  y®  Indian 


OF  THE  STATE  OF  MAINE.  405 

Trade  although  wee  doe  with  submission  conceiue  it  neces- 
saryly  Iraplyd  in  our  presidents  Last  proposall  in  y®  tearmes 
&c  yet  wee  humbly  craue  it  may  be  more  fully  expressed,  & 
doe  submissiuely  expect  y®  granting  thereof  for  our  helpe 
to  carry  on  publique  Charge. 

6 :  That  the  Comander  of  y®  fort  be  appointed  by  our 
seines  &  y®  management  thereof 

Finally.  7.  That  if  these  be  a  condisceudency  by  o' 
Ld.  proprietor'  or  his  Generall  Governer  vnto  these  proposed 
gticulars  that  then  wee  passe  our  ready  Complyance  to  his 
proposalls,  &  wee  order  you  to  deliaer  vp  vnto  him  y^  result 
of  y®  Generall  Assembly. 

This  signed  as  y^  act  of  y®  last  Generall 
Assembly  this  18*^  August  1681 
as  Attests  Edw :  Rish worth  Secrety. 

Vera  Copia. 


Endorsed 


tJindorsea      "i 
by  Secretary  Rawson  J 

"Province  of  Mayne 
by  m'  Broughton 
8.  7.  81./" 


proposals  for   y^  future    settlement   of  y^  affaires 
of  y^  jjrovince. 

V^  That  all  publique  charges  henceforth  ariseing  annually 
within  y"  province  as  well  for  their  protection  as  gover- 
meut  or  otherwise  be  Defrayed  out  of  y^  Treasury  of  y' 
province/ 

2'y     That   Fort   Loyall    &  a   Garrison   necessary   for   y« 


406  DOCHSIENTAEY   HISTORY 

security  thereof  be  maintained  henceforth  at  y®  charge  of 
y®  province/ 

3.  That  all  those  y*^  haue  taken  pattents,  or  leases,  out  of 
S"^  Fardinando  Gorges,  or  any  of  his  agents,  doe  obserue 
and  make  good  their  Covenants  respectiuely  to  y®  cheife 
proprietor,  as  their  acknowledgment  of  his  right  to  Soyle 
and  Goverment. 

4^^.  That  all  others  as  an  acknowledgment  of  his  right 
to  Soyle  and  Gouerment  doe  pay  12*^  for  every  family  whose 
single  Country  Rate  amounts  not  to  aboue  2®  and  for  all 
y*  shall  exceed  y®  sum  of  two  shillings  in  a  single  rate  to 
pay  three  shillings  g  family  annually  in  Mony  to  y®  Treas- 
ury of  y^  province,  for  y®  vse  of  y®  cheife  proprieto'". 

5 :  That  according  to  y®  law  Title  charge  publique  all 
persons  and  estates  &  lands  which  are  in  this  province, 
vfhither  belonging  to  persons  Resident  within  or  without 
the  colony,  be  ^equally  and  Indifferently  rated  therevnto 
excepting  only  Coiuons  of  any  Towne  or  land  Lying  in 
Coiuon  &  belonging  to  y®  Cheife  proprietor 

6.  In  Consideration  hereof  I  doe  freely  consent  and 
grant  y*  y®  inhabitants  of  this  province  be  for  ever  acquited 
&  discharged  from  all  claimes  "&  demands  due,  and  by 
charter  belonging  to  y®  cheife  Lord  proprietor  for  y^  time 
past,  &  for  y^  future  y^  all  Towneships  y*  haue  been  granted 
by  S'  ffardinando  Gorges  K^  or  any  of  his  Agents  or 
y^  Generall  Court  of  y®  Massaehusets  as  well  for  there 
Streames,  Sawmilles,  Corne  mills  &c  :  bee  forever  acquited' 
from  paying  rent  or  any  Dues  to  j^  cheife  proprietor  or  his 
Generall  Gouernor,  otherwise  then  shall  be  necessary  for 
their  owne  deffence. 

This  Court  haueing  read  and  considered  y®  ]3posalls  hereto 
annexed  for  y®  settlem*  of  y®  affaires  of  y^  Province  of 
Mayne  do  approve  thereof.  And  in  answ''  to  y®  Pet',  of 
y^  Gen^'  Assembly  of  y*  Province  of  Aug :  18  :  81.  for  a 
more  full  explicaccon   of  said  Proposalls    &  further  Privi- 


OF    THE    STATE    OF    MAINE.  407 

ledge  to  be  granted.  This  Court  doth  order  and  liereby 
impower  j^  Presid*  of  said  Province,  to  make  legal  confir- 
maccon  to  y^  Inhabitants  respectively  of  their  just  propriety 
in  the  lands  there,  under  his  hand  &  seale,  according  to  the 
direccons  of  their  charter.  And  do  further  grant  that  they 
making  the  annuall  acknowledgem*  of  the  right  of  the 
cheife  Proprietor  to  y®  Soyle  &  Goverm*  as  is  Provided  in 
the  3 :  Article  of  y®  aboues*^  Proposalls,  they  shall  then  be 
acquitted  &  discharged  from  any  further  subsidies  to  the 
cheife  Proprietor,  further  then  shall  be  necessary  &  orderly 
leyyed  for  their  own  pteccon  and  go  verm*. 

2.  That  in  case  of  any  defensive  warr,  orderly  coiiienced, 
they  shall  endeavour  the  ordering  thereof  as  may  be  for  the 
safety  of  the  Inhabitants,  &  shall  allow  the  whole  of  the 
revenew  ariseing  due  to  y^  cheife  Proprietor  towards  y** 
maintenance  thereof 

3.  That  y^  annuall  revenew  ariseing  by  y*'  trade  w"^  the 
Indians  shallbe  allowed  towards  y®  maintenance  of  fort 
Loyall,  the  Appointment  of  y^  Cap*  as  well  as  of  the  other 
Militia  being  still  reserved,  as  the  charter  appoynts  in  the 
power  of  the  cheife  Proprietor. 

ffurther  it  is  ordered  that  y^  Arrears  of  y^  Cap*^  & 
Garrison  at  fort  Loyall,  be  forthwith  passed  by  y®  Presid' 
of  said  Province  to  y®  Frer  for  paym*//  The  raagis**  haue 
past  this  their  brethren  the  Deputies  hereto  Consenting. 

Edward  Rawson  Secret/ 

loth  Octob^   1681. 

Consented  to  by  the  Deputyes 

William  Torrey     Cleric.    . 


Deed  of  Nanaadconitt  et  al  to  Francis  Neale  et  ah. 

This  Indenture  made  this  ffourth  Day  of  August  in  the 
yeare  of  our  Lord  1672  betwixt  Nanaadconnitt  &  Werad- 
bitticton  Indian  Sagauieres  of  y*-'  one  partie  &  ffrancis  Neale 


408  DOCUMENTARY   HISTORY 

George  ffelt  &  Jenkiii  Williams  planters  of  y®  other  partie 
Witnesseth  That  Wee  Nanaaclconitt  and  Waradbicton  for 
and  in  consideration  of  a  certaine  sum  of  monie  or  monies 
worth  to  vs  in  hand  payd  before  y®  signing  &  Sealeing  of 
these  presents  wherewith  Wee  acknowledge  our  Selues 
fullie  Satisfied  &  payd  and  contented,  Haue  Giuen  Granted 
bargained  &  Sold,  &  by  these  presents  wee  Doe  absolutelie 
Giue  Grant  Sell  allien  enffeof  &  confirm  vnto  ffrancis  Neale 
George  ffelt  &  Jenkin  Williams  theire  heires  &  assignes  for 
euer  a  quantitie  or  parcell  of  Land  Lying  &  being  in  Casco 
Baye  &  vp  the  Riuer  calld  Pesumkitt  Riuer  bounded  as 
followeth  videllizett  one  y®  North  side  of  y®  Riuer.  And  to 
begin  where  M'^'  George  Munjoy  according  to  his  Deed 
which  abovtt  ffiae  or  Six  yeares  since  he  had  from  vs  endeth 
upon  the  same  side  of  the  Riuer  and  soe  to  Runn  Downe  by 
the  side  of  y**  Riuer  to  the  ffalls  &  Soe  aLong  by  y®  side  of 
the  Riuer  within  fowerscore  poles  of  John  Waleyes  dwelling 
house  &  Six  Miles  vp  in  the  Cuntrie  Together  with  all 
Lands  Marshes  woodes  underwoods  timber  Trees  with 
y®  priuiledges  of  the  Riuer  and  ffalls  and  all  other  profitts 
priuiledges  of  what  natuer  Soeuer  is  or  may  bee  contained 
within  y*^  aforementioned  bounds  (alwayes  excepted  that  if 
any  of  y®  aforesayd  Lands  be  within  y®  now  claime  or  titell 
of  y®  Massathusetts  Collonie  or  Jurisdiction  we  doe  nott 
presume  to  Dispose  of  itt)  To  Haue  and  to  hold  all  &  singu- 
lar the  afore  Mentioned  Lands  hereby  granted  bargaind 
and  Sold  with  all  members  priuiledges  and  appurtenances 
whatsoeuer  to  y®  Sayd  Lands  belonging  or  any  wise  apper- 
taining vnto  the  onelie  vse  of  y®  Sayd  ffrancis  Neale  George 
ffelt  &  Jenkin  Williams  theire  heires  &  assignes  for  euer 
Wee  Nanaadconitt  &  Waraadbicton  Indian  Sagamores  here- 
by eraplying  our  Selues  heires  &  assignes  of  and  from  all 
clame  titell  and  interest  to  y®  aforementioned  premisses  or 
any  part  or  parcell  thereof  and  vnto  y®  onely  vse  and 
behoofe  of  the  aforementioned  ffrancis  Neale  George  ffelt 
&  Jenkin  Williams  theire  heires  or  assisrnes  ag-ainst  vs  our 


OF  THE  STATE  OF  MAINE.  409 

heires  or  any  other  Indian  clairae  or  titell  whatsoeuer  will 
warrant  and  for  euer  Defend  by  these  presents  &  in  witnes 
of  the  truth  hereof  Wee  Nanaadconitt  &  Waraadbicton 
haue  herevnto  Sett  our  hands  and  scales  this  4*^^  of 
August  1672/ 

Nanaadconit  '^-""^  his  mark  with  a  seale  (-^J-/—) 

Waraadbicton  {    'Jher  mark  with  a  seale  ^ ~/  Jj 

Signed  Seald  &  Deliuerd 
in  the  presence  of  vs 
William  Haines/ 
John  Dale/ 

William  Haines  testifyed  vpon  Oath  that 
he  was  present  and  Did  see  Nanadconitt 
Waraadbicton  signe  seale  and  Deliver  this 
instrument  as  theire  act  and  deed  Sworn 
in  boston  9*^^  Nouember  1680  before  me 
Vmphey  Davie     Assistant/ 

John  Deale  person allie  appearing  made 
Oath  that  he  was  present  and  sett  his 
hand  as  a  witnes  to  y^  aboue  written 
when  itt  was  Signed  and  Seald  7*^  March 


161L 

82 


Bartholomew  Gidney     assistant/ 


Agreement  between  Tho\  Danforth  ^  Mary  Munjoy 

Articles  of  Agreement  had  made  &  Concluded  this  tenth 
day  of  June  Anno  Domini  One  thousand  Six  hundred  & 
Eighty  one,  annof],  RR^  Caroli  Secundi  &c*  xxxiiii  By  & 
Between  Thomas  Danforth  Esq*"  Presd*  of  y®  Pro*'®  of 
Mayn  in  New  England  in  behalf  of  y®  Gov""  &  Comp"   of 


410  DOCUMENTARY   HISTORY 

y®  Mass^    bay  in  New  England  afores''  Proprietor  of  y®  fi^ 
Province  of  the  one  Part  And  Mary  Munjoy  Widow  Relict 
&  Sole  Adm^  of  the  Estate  of  George  Munjoy  late  of  Casco 
in  Falmouth  within  the  abovesaid  Province  Marriner  dec^  of 
the  other  part ;  Witnesseth  That  Whereas  the  said  Thomas 
Danforth  Esq^'  President  by  Virtue  of  his  Commission  from 
the  said  Governour  &  Company  of  the  Massachusetts  hath 
ordered  the  settlement  of  a  town  at  Casco  Errecting  Fort 
Loyall  thereon,  disposed  of  house  lotts  for  the  furtherance 
&  incouragement  of  the  said   Settlement,   but  for  as  much 
as  the  said  Mary  Munjoy  doth  lay  Claime  to  a  Neck  of  land 
lying  about  said  Fort,  the  place  Agreed  upon  for  the  s*^*  town- 
ship but  hath  not  entered  upon  any  possession  or  improve- 
ment thereof  Since   the    devastation    made    by   the    Indian 
War  for  the  finall  ending  of  all  present  disputes  or  after 
Controversies  Claime  or  title  to  be  had  or  made,  by  her  or 
her  heirs  or  Assignes  or   any   of  the  heirs   of  her   s''  late 
husband  thereunto.   It  is  Mutually  Agreed  Consented  to  & 
Concluded  by  &  between  the  said  Partys  to  these  Presents 
as  followeth  vizt  That  the  s*^^  Mary  Munjoy  for   y**   Consid- 
eration  hereafter  in  these    Presents    Expressed  Shall  have 
retain  &  Enjoy  the  Easterly  end  of  s^  Neck  of  land  where- 
upon her  s^  husbands  house  formerly  stood,  bounded  by  a 
Streight  line  from  y®  Mouth  of  A  Runnet  of  water,  on  the 
Easterly  side  where  m*"  Cleaves  house  Stood  &  so  to  pass  on 
to  the  old  barn,  on  the  top  of  the  hill,  &  from  the  barn  the 
Shortest  line  to  the  Salt  water  Excepting  and  Reserving  to 
the  said  township  &  fort  for  the  laying  out  of  house  lotts 
the  lands  all  along  the  Southerly  side  of  the  said  neck  of 
land  as  far  as  the   meeting  house  to   Extend  twenty  pole, 
backward  in  length  Reserving  only  twenty  pole  front  for  her 
own  house  lott  Adjoyning  to  said  Runnett  Further  that  the 
said    Mary  Munjoy  Shall  have  &  enjoy  the  Island  Called 
House  Island  which  her  said  Late  husband  formerly  Pur- 
chased of  Sundry  of  the  Inhabitants    there  And  more  the 
said  President  doth  Yield  &  Grant  unto  her  two  hundred 


OF    THE    STATE    OF    MAINE.  411 

Acres  of  land  upon  the  nearest  of  the  Islands  Adjoyning 
that  Reraam  free  &  undisposed  off  in  way  of  Exchange  & 
full  Compensation  for  the  land  herein  after  mentioned  by 
her  Released  To  have  &  to  hold  all  the  lands  above  men- 
tioned (with  the  Exception  and  Saving  the  liberty  afore 
expressed,  And  the  priviledges  &  Appurtenances  thereto 
belonging  unto  the  s*^  Mary  Munjoy  her  heirs  &  Assigiies 
to  her  &  their  sole  use  benefitt  and  behoof  forever  In  Con- 
sideration whereof  y®  s^^  INIary  Munjoy  for  her  self  her 
heirs  Exec*'  &  Admin""  Doth  hereby  freely  fully  &  Abso- 
lutely reraise  Release  &  forever  quitt  Claim  &  doth  resign 
up  &  Assign  all  her  right  title  Interest  Claim  &  demand  of 
in  &  to  the  whole  Remainder  of  the  said  neck  of  land  unto 
y«  s*^  Thomas  Danforth  Esq*"  President  in  behalf  of  the 
Gov""  &  Company  of  the  Massachusetts,  their  Successors  & 
Assignes  to  be  disposed  of  According  to  the  present  Settle- 
ment and  by  the  said  President  To  have  &  to  hold  the 
Same  without  the  least  Reclaime  deniall  let  Suit  trouble 
eviction  or  ejection  of  her  the  s*^  Mary  her  heirs  Exec*'  Adni 
or  any  of  the  heirs  of  the  s^  George  Munjoy  or  any  other 
person  or  persons  wliatsoever  by  from  or  under  them  or 
either  of  them  In  Witness  wherof  the  abovenamed  Mary 
Munjoy  &  Thomas  Danforth  have  Interchangeably  putt 
their  hands  and  seals  the  day  &  year  first  above  written. 
Sealed  &  Delivered  /V 

In  the  presence  off  Mary  Munjoy  /yj   / 

Silvanus  Davis/  \/ 

Joseph  Townsend/ 

March  22'i  1682/3  These  Articles  having  been  read 

with  the  Magistrates   they  do   allow  &   Confirm   the  same 
their  brethren  the  Deputies  thereto  Consenting : 
March  24,  1682/3  Edw^'  Rawson     Sect/ 

The  Deputies  Consent  hereto 

Rich'^  Sprage  p  OvAcv/ 
4  book  page  892  &  5  Entered  and  Recorded  word  for  word 
in  tlie  General  Court  book  of  Records 

As  Attests  Edward  Rawson     Sec  ry/ 


412  DOCUMENTARY   HISTORY 

This  Court  doth  order  y*  those  lauds  &  Hands  p*  of 
ye  Province  of  Mayne,  conteyned  in  a  writeing  made  in 
parchra'  hath  been  read  &  considered  in  both  houses,  be 
conveyed,  in  trust  to  y®  Trer  of  y®  Country,  for  y®  uses 
y^in  exp'ssed,  &  y*  y®  seal  of  y®  Gov'  &  Company  be  affixed 
thereto  by  y®  Gov' 

The  magis*^  haue  past  this  their  brethren 
the  deputies  hereto  Consenting 
31  March  1683/  Edward  Rawson     Secret/ 

Consented  to  by  the  Deputys:  March.  31 :  1683  : 


Elisha  Hutchinson  p  ord'  / 


Petition. 

To  The  Hon'd  Genr"  Court : 
The  Humble  Petition  of  Richard  Wharton  Sheweth/ 
That  upon  a  former  application  and  complaint  to  the 
Gener^^  Court  they  were  pleased  to  referr  y®  matter  com- 
plained of  to  a  Committee  of  Magistrates  and  Deputyes 
whoe  from  the  Evidence  laid  before  them  Reported  their 
Sence  of  your  Petition"  Sufferings  by  a  Sentence  of  A 
Gener^^ :  Court  in  May  1674  and  Proposed  means  for  Your 
Petitioners  redress  and  Satisfaction  Butt  ffor  short  of  said 
Report  and  Yo'  Petition®*  Just  Expectations  the  Gener" 
Court  ordered  Your  Petitioner  a  thousand  acres  of  land  in 
the  Province  of  Maine  but  appointed  noe  Persons  to  lay 
out  the  Same  See  that  the  said  Grant  is  both  Scant  and 
Ineffectuall  Yet  Your  Petitioner  being  not  willing  to  beare 
upon  his  Spirit  the  temptations  that  his  Grievous  Sufferings 
and  Impendent  changes  may  Suggest. 

He  humbly  prayes  that  the  said  Report  may 
be  reviewed  and  a  reasonable  addition  made  to 
former   Grants   &  that   Cap*    Edw'*^    Tyng  m' 


OF   THE    STATE    OF   MAINE.  413 

James  Andrews  or  m""  George  Peirson  or  Such 
meet  gsons  as  any  two  of  them  shall  appoint  may- 
be ordered  to  lay  out  Such  land  as  is  or  may  be 
granted  to  Your  Petitioner :  And  that  in  regard 
Your  Petition'^'  intends  to  Interest  his  Son  in 
said  lands  he  may  have  the  sattisfaction  to  see 
the  result  of  this  concerne  being  now  ready  by 
the  first  Ship  to  return  for  England 

And  Yo"^    Petitioner 
Shall  Pray  &c. 

R'^  Wharton/ 
In  Answer  to  this  Peticon  the  magis*^  Judge  meete  to 
grant  the  petitioner  one  thousand  acres  of  land  as  An  Addi- 
tion to  his  former  grant  menconed  in  this  peticon  to  be  laid 
out  in  the  Prouince  of  Maine  by  Cap*  Edward  Ting  & 
m'"  James  Andrews  so  it  be  not  prejudicial!  to  hinder  a 
plantacon  &  for  a  finall  Issue  &  Conclusion  The  magis*^ 
haue  past  this  w**^  Refference  to  the  Consent  of  their  breth- 
ren the  deputyes  hereto  :  Edw'^  Rawson     Secret/ 

The  Deupt^  Consent  not  hereto 

William  Torrey  Cleric/ 
But  to  the  end  the  pef*  former  graunt  may  be  made 
effectuall,  This  Court  doth  now  order  &  appoynt  that 
Cap*  Edward  Tynge  m''  James  Andrewes  m""  George  Peirson 
Cap*  Brackett  &  m"*  Sylvanus  Davis  or  any  three  of  them 
lay  out  s*^  land  &  make  returne,  o*"  hono*"^  magist^  Consent- 
ing hereto  William  Torrey      Cleric. 

Consented  to  by  the  magis*^    E.  R.     S/ 
7  10:  83. 


414  DOCUMENT AKY   HISTORY 

Grant  to   Tho^    DanfortJi   ^  Samuel  Nowell. 

At  a  General  Court  for  Election  held  at  Boston  the 
r^  of  May  1684 

This  Court  cloth  grant  unto  the  hon^''^  Deputy  Governonr 
Thomas  Danforth  Esq^  President  of  the  Province  of  Main, 
and  to  Samuel  Nowell  Esq*'  for  their  great  Pains  and  good 
Service  done  by  order  of  this  Court  in  the  expedition  and 
several  Journies  to  Casco,  for  which  no  Recompense  hath 
been  made  them,  an  Island  called  Chebisco  Dego,  in  Casco 
Bay  in  the  Province  of  Main :  Provided  they  take  said 
Island  in  full  satisfaction  for  all   Service  done  referring  to 

the  settlement  of  the  Province  of  Main  to  this  day 

Copy  Exam*^  by  J  Willard     Seciy/ 


Grant  to  W"'   Stonghton  ^  Peter  Bidkleij  Maij  13,  IGSIj.. 

This  Court  do  grant  to  W™  Stoughton  Esq^'  &  to  Peter 
Bulkly  Esq'^'  as  a  gratuito  for  their  care  k>  paynes  in  y®  pur- 
chase of  y*^  Province  of  Mayne,  securing  y^  land  to  this 
Colony,  for  w^"^  they  have  had  no  acknowledgm*^  One  thou- 
sand acc^s  of  land  a  p^  to  be  layd  out  in  any  free  place  in 
said  Province.  The  magis*^  haue  past  this  their  brethren  the 
Deputies  hereto  Consenting.  Edward  Rawson  Secre*  / 
13  May  1684. 

The  Deput*  consent  not  hereto 

William  Torrey     Cleric/ 


OF   THE    STATE    OF   MAINE.  415 

Petition  of  Jeremiah  Dummer. 

To  the  Hon®*^^®  Gen^^^  Court  now  sitting  in  Boston 

December  1683. 
The  humble  petition  of  Jeremiali  Dummer  Sheweth 
That  Whereas  3*0'^'  Petitio*'*  ffather  Richard  Dummer 
dec*^  was  wholey  intrusted  with  the  plow  patent,  and  the 
mannageraent  of  Sundry  Concerns  relating  to  the  same,  by 
vertue  of  a  power  derived  from  the  patentees  and  therein 
disburst  Sundry  Summes  of  money  and  afterward,  the 
s'^  Patent  being  ordered  home  for  England,  the  said  Pat- 
tentees  in  Consideration  of  his  the  said  Rich*^  Dummer's 
trouble  and  Charge  in  the  mannagem*  of  their  Concernes 
about  said  Patent  granted  him  Eight  hundred  and  odd 
Acres  of  land  which  was  laid  out  at  Casco  Bay,  as  by 
Evidences  doe  appeare 

Yo®  Petitio*^  therefore  humbly  prayes  that 
this  hon^^  Court  will  please  to  Contirme 
the  s*^  Lands  to  the  heires  of  y®  s^  Rich^' 
Dummer  with  Such  an  addition  as  this 
IjQj^ebie  Court  shall  see  meet : 

Soe  shall  he  pray  &c 
Jeremiah  Dumer/ 

The  magistrates  do  grant  this  Petition  for  one  thousand 
Acres  &  do  order  that  it  be  laid  out  by  Cap*  Edward  Ting 
&  Lieut*  Ligerson  with  reference  to  the  consent  of  our 
Brethren  the  Deputys 

Dec.  7*1^  1683.  Samuel  No  well  p  order/ 

(13  May  1684) 

The  Deput^  doe  not  consent  hereto  but  doe  Judge  that 
this  case  ought  to  be  determined  vpon  the  place  where  the 
pef  vpon  due  proffe  of  his  graunt  may  expect  due  satisfac- 
tion in  tins  Case  o''   hono'"'^  magis***   hereto  Consenting. 

William  Torrey     Cleric/ 


416 


DOCUMENTARY   HISTORY 


Indenture  between  Tho^  Danfortli  and,  Capt.  Edward  Tyng 
and  others. 

This    Indenture     made     the    26*^^    day    of 
July    Anno    Domini    One    thousand    Six 
hundred  Eighty   &   four   &  in    the  thirty 
sixth  year  of  the  Reign  of  Our  Sovereign 
Lord  Charles  the  Second  by  y*^  Grace  of 
God  of  England  Scotland  France  &  Ire- 
land  King  Defender  of  y®  faith    &c    Be- 
tween  Thomas  Danforth   Esq'   President 
of  his    Majesties  Province  of   Mayne    in 
New  England  on  y^    one  party    &   Cap* 
Edward    Tyng    Cap*    Silvanus    Davis  M'^ 
Walter  Gendall  m'"  Thaddeus  Clark  Cap* 
Anthony  Brackett  m'"  Dominions  Jordan, 
m""  George  Brimhall  &  m'"    Robert   Law- 
rence Trustees  on  y®  behalf  &  for  y®  Sale 
use    &    benitfitt  of  the   Inhabitants  of  y^ 
town  of  Falmouth  within  y®  Abovenamed 
Province   of   Mayne,    on   y*^  other   Party 
Witnesseth  That  Whereas  y^  abovenamed 
Thomas  Danforth  by  y®  Gov'  &  Comp-'^  of 
y®  Massachusetts  Colony  in  New  England 
y®  now    Lord    Proprietors   of    y®    above- 
named  Province  of  Mayne,  Att  A  Generall 
Assembly  held  at  Boston  on  y®   Eleventh 
day   of  May   1681 ;  is  fully  authorized  & 
impowered  to  make  legall    Confirmation 
unto   y®   Inhabitants   of  y®  aboves*^  Province  of  Maine,  of 
all  their  Lands  or  Proprietys  to  them  justly  Appertaining  or 
belonging    within   y®  limits   or   bounds   of  y®    s^  Province 
Now  Know  all  men  by  these  Presents,  That  y^  said  Thomas 
Danforth  Pursuant  to  y^  trust  in  him  Reposed  &  Power  to 
him   given   as   abovesaid  by  &  on  y®  behalf  of  y®  Gou'  & 
Comp"*  of   y®    Massathusetts    Colony    afores*^   Hath    given 


OF   THE    STATE    OF   MAINE.  417 

Granted  &  Confirmed  &  by  these  presents  Doth  fully 
Clearly  &  Absolutely  Give  Grant  &  Confirm  unto  y®  above- 
named  Cap*  Edward  Tyng  Cap*  Silvanus  Davis  m""  Walter 
Gendall  m'  Thaddeus  Clark  Cap*  Anthony  Brackett  m^ 
Dominicus  Jordan  M*"  George  Brimhall  &  m^  Robert  Law- 
rence, Trustees  as  is  above  Expresst  all  that  tract  or  Percell 
of  land  within  y®  township  of  Falmouth  in  s*^  Province 
according  to  y®  bounds  &  limitts  of  s*^  township  to  them 
formerly  Granted  by  Sir  Fardinando  Gorges  Knight  or  by 
any  of  his  Agents  or  by  y®  General  Assembly  of  y®  Massa- 
chusetts, with  all  Priviledges  &  Appurtenances  to  y®  same 
Appertaining  or  in  any  wise  beloning  (All  Royalties  Re- 
served to  his  Majestie  by  y*  Charter,  Granted  to  Sir  Fardi- 
nando Gorges  Knight,  As  Also  those  by  said  Charter  Given 
to  y®  s*^  S'^  Fardinando  Gorges  Knight  his  heirs  tfe  Assignes 
together  with  y®  rivers  Streams  &  Coves  Contained  within 
y®  Limitts  or  bounds  of  said  township  Always  to  be  ex- 
cepted &  reserved)  To  have  &  to  hold  all  y*'  aboues*^  tract 
of  land  by  these  Presents  Granted  &  Confirmed,  be  y®  Same 
more  or  less  with  all  y®  priviledges,  &  Appurtenances  to 
y^  same  Appertaining  or  in  any  wise  belonging  (Excepting 
as  is  above  Excepted  &  Reserved,  to  them  y®  s^^  Cap*  Edward 
Tyng  Cap*  Silvanus  Davis  m'"  Walter  Gendall  ni*"  Thaddeus 
Clark  Cap*  Anthony  Brackett  m''  Dominicus  Jordan  m"" 
George  Brimhall  &  m*"  Robert  Lawrence  as  Trustees  aboves^^ 
forever,  to  y®  only  proper  use  &  behoof  of  y®  Inhabitants 
of  y*^  s^  town  that  now  are,  &  to  them  that  shall  their  Sur- 
vive &  Succeed  from  time  to  time  &  forevermore  hereafter, 
And  y®  abovenamed  Thomas  Danforth  for  &  on  y''  behalf  of 
y^  Gov"^  &  Comp*  of  y*^  Massachusetts  Colony  &  for  their 
Successors  and  Assignes  doth  further  (Covenant  Promise  & 
Grant,  to  &  with  y"  above  named  Edward  'iyng,  Silvanus 
Davise,  Walter  Gendall,  Thaddeus  Clark,  Anthony  lirackett 
Dominicus  Jordan,  George  Brimhall  &  Robert  Lawrence, 
their  heirs  &  Assignes  Trustees,  as  above  Expressed,  Tliat 
they  y*^  s'^  Edward  Tyng  Silvanus  Davis,  Walter  Gendall 
27 


418  DOCUMENTARY   HISTOEY 

Thaddeiis  Clark  Anthony  Brackett  Dominicus  Jordan, 
George  Brimhall,  &  Robert  Lawrence  Shall  &  may  att  all 
times,  &  from  time  to  time  'forever  hereafter,  peaceably  & 
Quietly  have  hold  Occupy  possess  &  enjoy  all  y^  above  given 
&  Granted  Premises  without  the  Lett  deniall  or  Contradic- 
tion of  y^  Gov'  &  Comp*  of  y^  Massachusetts  Colony  or 
of  any  other  person  or  Persons  whatsoever  Claiming  &  hav- 
ing an}'  lawful  right  title  or  Interest  therein  or  in  any  part 
or  percell  thereof  by  from  or  under  them  y®  s^  Gov""  & 
Comp*  or  by  any  of  their  Assigns  The}^  y®  abovenamed 
Inhabitants  of  y''  s^^  town  of  Falmouth  for  y®  time  being 
&  in  Like  manner  that  Shall  there  be  from  time  to  time 
forever  hereafter  Yielding  &  Praying  in  Consideration 
thereof  to  the  Governour  &  Company  of  the  Massachusetts 
Colony,  or  to  the  President  of  tlie  said  Province  of  Mayn, 
b}*  them  authorized  and  impowred  for  the  time  being  or  to 
other  their  Agent  &  Lawfull  Assignee  or  Assignes,  the  quitt 
rent  to  the  said  Governour  &  Company  due  &  belonging 
According  to  the  Proposall  made  &  Mutually  Agreed  upon 
att  the  General  Assembly  held  in  the  above  said  Province 
at  York  June  1681  Viz*  that  they  the  abovenamed  Inhabit- 
ants of  the  said  town  of  Falmouth  for  the  time  being  &  in 
like  manner  that  Shall  there  be  from  time  to  time  forever 
hereafter,  As  An  Acknowledgement  of  said  Sir  Fardinando 
Gorges  &  his  Assignes,  right  to  Soyl  &  Government  do  pro 
twelve  pence  for  every  Family  where  Single  Country  rate  is 
not  above  two  Shillings  &  for  all  that  exceed  the  Sum  of  two 
Shillings  in  A  Single  rate  to  pay  three  Shillings  p'"  family 
Annually  in  Monej'  to  the  treasurer  of  said  Province  for  the 
use  of  the  Chief  Proprietor  thereof.  And  in  Case  of  Omis- 
sion or  Neglect  on  the  part  and  behalf  of  the  said  Inhabit- 
ants to  make  full  payment  Annually  in  manner  as  is  above 
Exprest,  &  hath  been  Mutually  Consented  and  Agreed  unto, 
It  shall  then  be  Lawfull  for  the  said  President  of  the  said 
Province  for  the  time  being  or  for  the  Agent  or  Agents 
Assignee  or  Assigns  of  the  Governour  and  Company  of  the 


OF    THE    STATE    OF    MAINE. 


419 


Massachusetts  Colony  to  levie  and  make  distress  upon  the 
Estates  of  any  of  the  Inhabitants  for  the  time  being  within 
the  Limitts  and  bounds  of  the  said  Township,  as  well  for 
said  Quitt  Rent,  As  Also  for  all  Costs,  and  Charges,  Accra 
iug  and  arising  upon  the  Same,  And  the  Estates  so  levied  or 
distreyned  to  bear  drive  or  Carry  away  with  so  much  as  it 
shall  Cost  to  Convey  the  Same  to  the  Treasurer  of  the 
Province  for  the  time  being  or  to  Such  place  as  he  Shall 
order  &  Appoint,  In  Witness  Whereof  the  partys  above- 
named  to  these  Present  Indentures  have  Interchangeably 
putt  their  hands' &  Seals  the  day  and  Year  first,  Above 
written 


Sealed  &  delivered  by 
Silvauus  Davis 
Walter  Gendall 
Thaddeus  Clark 
Dominicus   Jordan 
in  the  presence  of  us 
Dauis 
a  Scottow 


Silvauus  Davis 

Walter  Gendall  ^  ^ 

Thaddeus  7^  Clark  (^ 

Dominicus  Jordan 

A  true  Copy  Examined 
p  J  Willard     Secry/ 


Sarah  ^  Albert  Jordan  to  Rich.  Eunnhvell. 

Know  all  men  by  these  presents  That  Wee  Sara  Jordan 
widow  and  Robert  Jordan  of  Spurwink  Relict  &  son  of  the 
late  Robert  Jordan  of  the  s'^ :  Spurwink  Clark  Haue  bar- 
gained sold  enfeoffed  &  confirmed,  &  by  these  presents  doe 
bargaine  sell  enfeoffe  &  confirme  to  Rich  :  Hunniwell  for  & 
in  consideration  of  two  Cowes  &  two  oxen  to  the  said  Rob- 
ert Jordan  delivered  unto  him  before  the  signing  and  sealing 


420  DOCUMENTARY   HISTORY 

hereof  ten  acres  of  fresh  &  salt  marsh  land  being  more  or 
less  scituated  &  lying  in  the  said  Towne  of  Scarborough 
and  bounded  as  folio weth  viz  With  a  brook  called  Moots 
brook  Westerly  with  Blackpoint  river  southerly  with  the 
body  of  marsh  belonging  to  and  in  the  possession  of  the 
said  Sara  Jordan  Easterly  &  with  a  little  Creek  according  to 
a  bound  stake  sett  up  between  the  said  parcell  of  land  sold 
to  the  said  Richard  Hunniwell  &  the  rest  of  the  laud 
Northerly 

To  haue  and  to  hold  the  said  ten  acres  of  land  whether  it 
be  more  or  less  according  to  the  limitts  &  bounds  aboue 
expressed,  together  with  all  the  priviledges,  proffits  & 
appurtenances  thereunto  belonging  to  the  sole  &  proper  use 
&  behoofe  of  the  said  Richard  Hunniwell  his  heires  & 
assignes  for  ever,  &  the  said  Mary  and  Robert  Jordan  jointly 
&  severally  for  themselues  their  heires  Executors  and  admin- 
trators,  doe  hereby  covenant  &  grant  to  &  with  the  said 
Richard  Hunniwell  his  heires  &  assignes,  that  they  the  said 
Sara  Jordan  &  Robert  her  Son  are  &  stand  lawfully  pos- 
sessed to  their  owne  use  &  behoofe  of  the  said  bargained 
premises  &  appurtenances  in  a  good  perfect  &  absolute 
Estate  of  Inheritance  in  fee  simple,  &  haue  in  themselues 
full  power  right  &  absolute  authority  to  grant  bargaine  sell 
convey  and  assure  the  same  in  manner  &  forme  abouesaid 
&  that  he  the  said  Richard  Hunniwell  his  heires  &  assignes 
or  each  or  every  of  them  shall  and  may  for  euer  hereafter 
pleceably  and  quietly  haue  &  hold  the  said  bargained  prem- 
ises with  all  the  appurtenances  free  from  all  dowers  incum- 
brances intanglements  or  molestation  whatsoever  either 
from  them  the  said  Sara  or  Robert  Jordan  or  either  of  them 
or  from  their  or  either  of  their  heires  Executors  or  adminis- 
trators or  from  any  person  or  persons  by  or  from  under  them 
or  any  of  them  or  any  other  person  or  persons  whatsoever 
claiming  any  right  or  title  thereunto.  In  Witness  of  the 
truth  of  what  is  aboue  &  confirmation  thereof  the  said  Sara 
Jordan  and  Robert  Jordan   haue    hereunto   set   their  hands 


OF   THE    STATE    OF   MAINE.  421 

&  seales  Made  at  Blackpoint  in  the  said  towne  of  Scarbor- 
ough the  twentieth  day  of  January  in  the  yeare  of  our  Lord 
1684.  &  in  the  xxxvi  yeare  of  the  reigne  of  our  Soveraigne 
Lord  Charles  the  ii**  by  the  grace  of  God  King  of  England 
Scotland  franco  &  Ireland  &c. 
Read  signed  sealed  &  delivered  mark     of 

in  presence  of  Sarah  O  Jordan  (L  S) 

Jeremiah  Jordan/  Robert  Jordan     (l  S) 

mark       of 

John       0  fford/ 

2:8:  1685.  this  deed  was  acknowledged 
and  done  in  presence  of 

Josh :    Scottow/ 
Just  p. 


Agamenticus  Division  of  Land   Oct.  30,  1641- 

In  Performance  of  a  Court  order  at  the  Peticon 
of  Roger  Gard  &  others  as  the  same  appeareth 
August :  1641 : 

The  Devission  of  12  ^"^,  Acres  of  Land  amongst  the  Pat- 
tentees  of  Agamenticus  October  30  1641 :  by  us  whose 
names  are  here  subscribed./ 

6  Miles  &  4^  long  &  3  Miles  broad  make  12000  which 
being  devided  into  13  parts  each  parte  will  contayne  154m  : 
which  make  i  a  Mile  wanting  6  poole.  / 

ffower  of  these  parts  putt  together  contayning  616  poole 
In  breadth  &  68  lynes  at  Nine  poole  by  lync  make  616  poole 
2  poole  over  and  above.  / 

There  is  already  layd  out  towards  every  of  tlic  fower 
parts  26  lynes  &  one  over  and  above,  Soe  there  is  more  to 
be  layd  out  for  every  fowerth  parte  42  lynes,  &  the  salt 
Marsh  ground  to  be  devided  in  the  like  mafier 


422  DOCUMENTAET    HISTOEY 

A  devision  already  of  the  Land  below  M""  Gorges  house 
on  the  Lower  side  of  the  Crick  / 

Thomas  Gorge     Edw :  Godfrey     Roger  Gard/ 
Recorded  according  to  the  originall  by  me  Edw :  Godfrey. 

Edward  Crodfrey's  land  Measured  May  5,  16^4' 

MemoranS]  the  5**^  day  of  May  1644 :  We  new 
Measured  M''  Godfreys  land  from  the  Marked 
tree  above  the  Trapp  unto  M""  Norton's  house, 
which  is  his  bounds  It  contayning  154  poole 
betweene  the  s''  house  &  Tree,  &  from  these 
bounds  he  is  to  goe  North  East  measured  by 
M'"  Godfrey  &  us  whose  names  are  underwrit- 
ten agreeth  w*^  the  Originall 

Roger  Gard/ 
Joseph  Hull/ 
A  true  coppy  of  this  computacon  or  divission 
above  written  transcribed  out  of  the  orignall 
&   therewith   compared  this   10*'*  day  of  June 
1667 

g  Edw:  Rishworth/ 
Re :     fer : 
A   True  Coppy  transcribed  &  therew*^  com- 
pared this  4*1*  of  October  1687 

g  me  Francis  Hooke  Just  pea/ 


L'  ACADIE. 

Page  7.     1686.     iV"  48. 

Meemoires  generaux 

La  coste  de  L'Acadie  k  destendue  en  prenant  du  passage  de 
Frousac  au  bout  Sud  duquel  est  la  baye  de  Chedabouctou 
Jusques  a  la  baye  frangoise  et  au  bassin  du  port  royal  environ 
120  lieues 


OF    THE    STATE    OF    MAINE.  423 

La  bfiye  frangoise  a  neuf  lieiies  de  largeur  dii  grand 
Menane  a  lisle  longiie  et  peat  avoir  25  lieiies  de  profondeur. 

De  Tentrde  de  la  baye  frangoise  prenant  a  la  d®  isle  dii  grand 
Menane,  tirant  de  vers  Baston  la  coste  depend  de  I'Acadie 
jusques  a  la  riviere  de  Quinibeguy  ou  S*  George  34  lieiies. 

La  d®  coste  depuis  les  Isles  de  Cameanx  jusques  au  Cap 
de  Sable  a  plusieurs  forts  considerables  de  belles  rivieres  et 
particulierement  Chedabouctou  Cliiboutou  la  lieve  et  le 
port  La  Tour  au  Cap  de  Sable,  la  mer  est  extreraent  fertile 
en  poisson  dans  toute  cette  etendue  et  les  etablissements 
pour  la  pesche  plus  faciles  et  plus  convenables  qu'en  aucuns 
autresendroits  de  toute  I'Acadie,  la  terre  est  bonne  a  Ched- 
abouctou a  la  heve  et  au  port  la  Tour,  ou  la  croit  de  meme 
par  toute  la  coste,  11  n'y  a  rien  a  desirer  pour  I'abondance 
de  bois  de  construction  et  pour  la  masture. 

M  de  Rasily  estoit  estably  et  fortiffie  a  la  lieur  comme  la 
plus  considerable  retraite  et  lay  et  successeurs  avaient  cons- 
truit  des  forts  en  divers  endroits  qui  ont  etc  detruits  tant 
par  les  Anglais  que  par  la  guerre  civile. 

Letablissement  de  la  heur  a  este  abandonne  par  le  S""  de 
la  Motte  Dan  nay  successeur  du  d*  S"^  de  Razely  et  toute 
cette  cote  n'a  presentement  que  trois  habitations  dont  la 
plus  forte  n'a  pas  plus  de  trois  families  a  la  reserve  des  etab- 
lissements de  la  compagnie  et  de  celle  de  Poubonioeur  autre- 
ment  la  Tour  dix  lieiies  du  Cap  Sable  ou  il  y  a  cinq  families 
compos^es  de  dixhuit  personnes  qui  dans  cette  annde  doit 
commencer  a  en  faire  a  Chibouctou  et  a  la  lieur.  11  y  a 
apparence  que  la  biensseance  du  bassin  du  Port  royal'a  servi 
de  motif  a  I'etablissement  qui  a  6t6  fait  a  la  liourgade  qui 
3st  la  partie  la  plus  reunie  de  toute  la  colonic  avec  les  habi- 
tants qui  en  dependent  au  nonibre  de  70  families  repantlue 
dans  cinq  ou  six  lieues  de  pays  qui  composentSOO  personnes. 

II  s'est  formd  a  Tendroit  apelld  les  Mines  dans  I'un  des 
trois  bassins  le  plus  Sud  qui  soit  au  fond  de  la  Haye  fran- 
9oise  de  habitations  de  la  jeunesse  du  [xnt  Koyiil  ;iu  nombro 
de  160  personnes. 


424  DOCUMENTARY   HISTORY 

II  y  a  une  habitation  apellee  Beaubassin  qui  est  au  seign- 
eur de  la  Valliere  presque  au  milieu  de  I'lsme  qui  separe  le 
golfe  de  S*  Laurent  de  la  Baye  fran9oise  separ^e  seulement 
d'une  lieiie  de  terre  dans  un  pays  bas  sans  rocbes,  et  tres 
facile  a  couper  ou  il  y  a  20  families  faisant  nombre  de  120 
personnes. 

Les  bords  de  la  Baye  fran^oise  du  cote  du  Sud  ne  sont 
point  habitus  et  ne  sont  point  practicables  mais  a  la  partie 
du  Nort  il  y  a  quelque  habitation  commen^ant  par  la  riviere 
de  S*  Jean  qui  est  navigable  environ  50  lieiies  dans  les 
terres,  il  y  a  trois  Families  a  I'entr^e  coraposdes  de  douze 
personnes,  ou  pent  par  cette  riviere  avoir  communication  au 
fleuve  S*  Laurent  Vis-a-vis  Tadoussac  — 

Dixhuit  lieiies  de  cette  riviere  terant  de  vers  la  nouvelle 
Angleterre  est  celle  de  S*  Croix  qui  pent  devenir  considera- 
ble avec  quatre  families  compos^es  de  Vingt  personnes. 

Huit  lieiies  a  ouest  N.  O.  d'elle  est  Megesse  avec  douze 
personnes  a  I'isle  apelike  Archimagau,  six  lieiies  plus  Est  que 
Pentagoiiet  sont  deux  families  compos^es  de  six  personnes. 

A  la  riviere  de  Pentagouet  est  le  S""  de  Castin  qui 
negocie  avec  les  Sauvages  et  avec  les  Anglais,  c'est  un  tres 
beau  pays  plein  de  ports  avec  trois  bonnes  rivieres,  et  il  y  a 
deux  nations  tres  considerable  dans  les  terres  qui  reconnois- 
sent  la  france  et  sont  ennemis  des  Anglais 

II  y  avoit  un  fort  et  une  habitation  a  Pentagouet  co'nstruits 
premierement  par  M.  de  Dannay  de  Charnisoy  les  S"  de 
grand  fontaine  et  de  Chambly  ont  ^te  ensuite  et  tout  a 
6t6  abandonn^  depuis  I'invasion  des  Anglais  en  1665. 

Pour  faire  proffiter  solidement  ce  pays  qui  est  le  meilleur 
de  I'Acadie  et  qu'on  pent  dire  le  seul  bon  de  la  nouvelle 
France,  du  secours  que  le  Roi  a  la  bout6  de  luy  donner  et 
des  augmentaons  que  la  compagnie  pent  faire  et  affin  aussy 
de  le  mettre  a  couvert  de  I'insulte  des  Anglais  qui  ne 
peuvent  presque  subsister  sans  la  pescbe  de  la  cote  de 
I'arcadie,  il  paroit  indispensable  de  faire  deux  forte  et  d'y 
travailler  le  plus  tost   qu'il  sera  possible,  parcequ'on  sgait 


OF   THE    STATE    OF   MAINE.  425 

que  les  Anglois  sont  en  inquietude  et  ont  deja  fait  quelque 
mouvement  depuis  qu'ils  ont  apris  que  le  Roy  avait  envoy^ 
du  secours  a  cette  colonic  qui  n'a  travaill^  que  pour  eux 
depuis  la  restitution  qu'ils  en  ont  faite  en  1667.  On  peut 
faiie  une  fort  a  Pentagoiict  dans  I'endroit  ou  il  y  en  avait 
un  ou  Tavancer  a  la  riviere  de  Quinibiquy  ou  S*  George  et 
ce  dernier  paroist  plus  convenable  parcequil  conscrveroit 
les  Canibals  et  conperoit  de  plus  pres  par  terre  le  chemin 
aux  Anglois. 

Apres  cela  il  semble  qu'on  doit  songer  seulement  quant  a 
present  a  assurer  le  port  Royal  comme  la  capital  de  toute  la 
colonic  parceque  cet  endroit  la  met  en  surety,  d'autant  que 
la  cote  est  tres  maiivaise  dans  le  reste  de  la  Baye  frangoise 
Le  coste  est  de  I'ouverture  du  bassin  du  port  royal  voit 
toute  I'entr^e  de  la  Baye  fran^oise  et  n'a  pas  plus  d'un  deni}'' 
quart  de  lieiie  de  large  au  passage  qui  seroit  sous  le  mous- 
quet  de  sorte  qu'avec  une  tour  enfcrm^e  dans  un  reduit  de 
bassin  du  port  royal  seroit  en  surety  ainsy  que  les  habitans 
de  la  riviere  du  port  royal  et  en  quelque,  sorte  toute  la 
Baye,  ou  n'estime  pas  la  depense  de  plus  de  2000,  cens,  ainsy 
il  ne  seroit  besoin  au  port  royal  que  d'un  reduit  de  palissade 
pour  enfermer  les  logemens  du  gouverneur  de  partie  des 
soldats  et  les  magasins  et  les  effets  des  habitans  en  cas  de 
de  besoin  ce  qui  pouvoit  se  faire  aussy  avec  peu  de  depense. 

On  croit  quel  seroit  necessaire  d'envoyer  au  moins  soix- 
ante  honimes  d'augmentation. 

Endorsed  Memoire  sur  I'etat  de  la  situation  et  la  dispo- 
sition en  laquelle  sout  les  babitans  du  pays  de  I'Arcadie. 


page  12.     Accadie    portefeuille  128.    piece  30. 

Le  fort  dont  la  situation  est  comniand(^e  de  tous  costd  et 
il  y  a  quelques  terres  ass(!i  bonne  pour  mettre 
1.     des  habitans  mais  il  n'y  a  pas  dc  commodity  pour  I'eau 


426  DOCUMENTARY  HISTORY 

2  L'entr^e  du  havre  est  une  pointe  D'Isle  qui  faut  que 
les  Navires  renge  en  entrant  a  laquelle  pointe  une 
batterie  sera  fort  necessaire  avec  trois  pieces  de  Canon. 

3.     Une  Bature  qui  decouvre  a  demy  mar^e 

4  Une  autre   Bature  qui  ne  paroit  qu'au  grande  mar^e 

tout  a  fait  basse. 

5  Une  Bature  encore  a  I'entree  de  la  petite  Riviere 

6  Une  prairie  d'un  petit  quart  de  lieue  de  long  entre   les 

deux  ances  au  long  de  laquelle  les  terres  sont  fort 
belles  pour  I'habitation.  II  y  a  aussi  quantitie  de 
Chesnes. 

7  Une  terre  plate  ou  il  y  a  quantity  de  Chesnes  fort  ais^e 

a  Cultiver  qui  faict  i'erabouchure  de  la  riviere  de 
Rameson  sur  les  bords  de  laquelle  on  pent  placer 
plusieurs  habitans  il  y  a  aussi  quantity  de  Chesnes 
et  de  beau  bois  ou  y  pent  faire  grand  peche  de  bare, 
D'aloize,  de  Sardines,  et  de  Casparot,  et  il  y  a  luoul- 
lages  pour  des  navires. 

8.  La  pointe  aux  Chesnes  laquelle  n'est  command^ 
d'aucun  lieu  ou  on  pourroit  faire  renfort  qui  garde- 
roit  le  passage  de  la  riviere,  la  terre  y  est  bonne,  il  y 
a  quantitie  de  Chesnes  et  de  haitres  et  a  droit  et  a 
gauche  II  y  a  de  bons  havre  pour  les  batimens  et  ce 
ne  sont  que  des  prairies 

9  Un  fort  de  sauvage  au  bout  du  grand  rapide  aux  en- 
virons duquel  les  terres  sont  fort  bonne  et  il  y  a  de 
fort  beau  bois  pour  toute  sorte  d'usage 

10.  Saquaische  qui  est  un  fort  de  sauvage,  ou  il  y  a  encore 

de  fort  bonnes  terres  et  de  beaux  bois  — 

11.  Madahameouit  grand   fort   de  sauvage   quils  tiennent 

estre  a  moitie  de  quebec  icy  les  terres  y  sont  aussy 
fort  bonne  et  il  y  a  des  Chesnes  les  plus  beaux  et  la 
plus  grande  quantity  du  monde  et  grande  peche 
d'anguille  et  toute  sortes  de  j)oisson 

12.  Une  petite  riviere  qui  le  Communique  avec  celle  de 

S*  Jean  en  faisant  un  partage 


OF   THE    STATE    OF  MAINE.  427 

13.  Une  autre  riviere  qui  prend  son  origine  du  lac  du 
Sault  de  la  Chaudiere  qui  est  la  droite  ligne  pour  aller 
a  quebec. 

14  Une  graude  Montague  ou  il  paroit  la  nuit  quelque  chose 

de  si  brillant  qu'on  le  voit  de  fort  loin  les  Sauvages 
m'ont  dit  quil  y  avait  del  argent  comme  celuy  duquel 
nous  nous  servons  mais  ye  n'en  ay  pas  pu  avoir  d'eux 
quelques  clioses  que  je  leur  ai  pen  promettre.  lis 
disent  que  les  lieux  ou  il  est,  est  presque  inaccessi- 
ble, ils  m'en  out  apporte  une  espece  de  Cristal  que 
j'envoie 

15  L'entr^e  du  lac  par  oii  on  pent  aller  Dans  la  riviere  de 

Kenebique  il  ny  a  point  par  la  d  autre  bois  que  des 
Chesnes  les  terres  y  sont  fort  plates  et  bonnes  mais 
sujette  a  Innonder. 

16  Une  pointe  ou  les  terres  sont   fort  ^bonnes  laquelle  est 

au  bout  du  grand  rapide  que  Ton  esuit  en  passant  a  la 
gauche  par  un  petit  Chenal 

17  La   maison   de    Quebiscint  que  les  anglois  avait  com- 

mence Laquelle  jay  faict  achever,  et  ou  jay  toujours 
en  des  gens  pour  empecher  les  anglois  de  venir  dans 
la  riviere  II  y  a  aux  environs  de  fort  bonne  terre  et 
point  d'autre  bois  que  du  Chesne  II  y  a  grand 
peche  de  Saumon,  d'Anguille  et  de  Sardines  et  de 
toutes  autres  sortes  de  poisson  II  y  a  aussi  quelques 
chutes  d'eau  propre  pour  des  moulins  a  scye. 
18.  une  grand  ances  ou  il  y  a  de  fort  belle  prairie  qui 
n'ont  point  lesquelle  ou  ne  pent  habiter  il  y  aussi  ou 
faire  des  moulins  a  planche  et  quantity  de  sapins  pour 
cette  effect  et  pour  des  matures. 

19.  L'Isle  aux  noisettes  qui  est  presque  toute  dcfrichde  et 

ou  on  pent  mettre  quelque  habitans 

20.  risle    Dieu   ou   il  y  a  quantity    de    bonnes    terres  du 

coquillage  et  des  Chicadins  pour  aider  a  subsister  les 
habitans 


428  DOCUMENTARY   HISTORY 

21.     Un  passage  oil  oniguin  pour  aller  a  Kenibiquy  a  droit 
et  a  gauche  les  terres  y  sont  fort  bonne. 

22  Uiie  grande  ances  sur  les  bords  de  laquelle  il  y  a  de  fort 

belle  matiere  pour  toute  sorte  de  navire. 

23  Le  Cap  de  la  Chevre. 

24.  L'entr^e  de  la  riviere  S*  George  qui  appartient  au  Roy, 

il  y  a  au  mettre  quelques  habitans  qui  feront  la  peche 
de  Morue  Comraodement  Un  fort  y  seroit  fort  neces- 
saire  Estant  le  poste  le  plus  voisin  des  Anglois. 

25.  La  Maison  de  Jean  bron  qui  fait  la  limite  des  terres  de 

la  Majesty  d'avec  celles  de  la  nouvelle  Angleterre. 

26.  Lance   et  I'habitation    de   Panicuit   qui   pent  etre  de 

douze  ou  quinze  maison  fort  Ecartee 

27.  L'entree  de  la  riviere  de  Kenibiquy  I'habitation  pent 

etre  de  26  ou  30  maisons  aussy  fort  eloign^es  les  unes 
des  autres  Les  habitans  font  la  un  grand  Commerce 
de  planches  et  de  Morues  et  beaucoup  de  truitte 

28  La  riviere  de  Pescedona  ou  il  se  fait  le  meme  Commerce 

par  les  habitans  que  dans  celle  de  Kenibiquy 

29  la  riviere  de  Comitou  a  I'erabouchure  de  laquelle  il  y  a 

une  grande  habitation  dont  les  habitans  ne  vivent 
que  du  revenue  de  leurs  terres  et  leurs  bestiaux 

30.  Les  Isles  de  Channes  qui  est   le  lieu  ou  il  se  faict  le 

plus  grand  Commerce  pour  la  pesche  de  toute  la  nou- 
velle angleterre 

31.  L'Isle  de  Mahinguin  ou  il  se  fait  encore  grande  pesche 

De  Moriie  par  les  habitans  mais  qui  ne  sont  pas  en 
sy  grande  nombre  que  Dans  lautre  ou  a  toujours  pre- 
tendu  quelle  appartenoit  au  Roy  cependaut  la  chose 
na  point  Est^  decidde   jusques  hier 

32.  L'Isle  de  Montonique  ou  on  fait  la  pesche  de  Moriie  pour 

la  provision  de  Pentagonet 

33.  L'Isle  aux  Renards  ou  il  y  a  de  fort  bonne  terre  pour 

Etre   habitue   par  des  pescheurs  II  y  a  aussi  de   fort 
bons  havre  pour  des  Navires. 
34     L  isle  haut 


OF   THE    STATE    OF   MAINE.  429 

35  L  isle  et  le  fort  de  Larchisnagam  ou  les  terres  sont  fort 

bonne  et  on  il  y  a  quantity  de  Chesnes  et  des  prairies 
qni  ninnonde  point. 

36  Le  clienal  pour  entrer  par  lisle  haut  qui  est   le  plus 

seure  et  les  isles  aux  loups  marins  ou  on  en  pourroit 
faire  pescher^e  sy  il  nestoit  pas  detruit  par  les  sauvages 

37.     les  isles  de  la  fouderie 

38  les  isles  de  Plaisances  ou  on  peut  amarer  les  navires  et 
faire  grand  pesclie  de  Maru 

39.     lisle  des  monts  deserts. 

40  lentr^e  du  Chenal  du  sud  est  pour  entrer  dans  la  graude 

Riviere  de  Pentagonet 

41  Une  petite  Riviere  ou  il  y  a  quantity  de  Prairie,  et  de 

bonne  terre  qu'on  pourroit  habiter. 

42.  Un  passage  pour  accourcir  le  Chemin  au  Ton  porte  le 

Canot  Et  ou  les  terres  sont  fort  bonnes  — 

43.  Le  Cap  enragd. 

44  Un  sault  ou  on  pourroit  faire  Deux  ou  trois  moulins  qui 
mondroit  hiver  et  Et^  Etant  de  leau  de  Mar^e 

45.  Un  petit  havre  pour  mettre  toute  sorte  de  batimens  en 

seurete  et  les  faire  hiverner 

46.  Une   terre  platte   ou  il  y  a  quantite  de  prairie  et  de 

terre  pour  habiter 

47.  La  Riviere  de  houestotagois  ou  il  y  a  de  fort  bonne 

terre,  et  de  beau  bois  de  Chesne  quantitd  de  grand 
Coquillage  et  beaucoup  de  poisson 

48.  La  riviere  D'ainat^  ou  il  y  a  de  fort  belle  terre  dans 

L'embouchure  Et  de  beau  bois  pour  toute  sorte 
d'usages 

49.  Un    Lac  qui  donne  la   Communication  avec  celle  de 

S*^  Croix  et  celle  des  Ethechemins  ou  il  y  a  encore  de 
fort  bonne  terre  et  des  Chesnes  dans  renibouchure. 

60     La  riviere  de  S*.  Jean 

5L  Une  petite  riviere  qui  se  communique  avec  celle  de 
Pentagonet  en  faisant  (^uelque  partage. 


430  DOCUMENTARY   HISTORY 

52.  Le  Commencement  du  Cours  de  la  Riviere  S*.  Jean  qui 

prend  aussi  son  origine  an  lac  de  sault  de  la  Chaudiere 
ains}^  que  celle  de  Pentagonet  et  de  Kenibiquy 

53.  Le  Sault  de  la  Chaudiere 
54    quebec. 

55.  Labitation  du  Cap 

56  Labitations  des  trois  rivieres 

57.  le  fort  de  labitation  de  Richelieu  le  lac  et  les   Isles 

S*  pierre 
68.     le  fort  et  les  isles  de  Tassomption 

59  le  fort  et  le  lac  S*  Louis 

60.  le  fort  8*^  Th^r^se 

61.  le  fort  S*.  Jean 

62  I'entree  du  grand  lac  de  Champlain  — 

63  le  fort  de  S*  Anne 

64  Une  riviere  qui  se  va  rendre  au  montreal 

66     Un  rapide  qui  fait  la  separation  du   lac  de  Champlain 
et  avec  celui  du  S*  Sacrement. 

67.  le  lac  S^  Sacrement  qui  va  a  soixante  lieiies  pres  des 

hiroqois 

68.  Un  grand  lac  dans  les  terres. 

69.  une  riviere  pleine  de  rapid  qui  se  rend  dans  celle  de 

Pescadona 

70.  Un  chenal  pour  entrer  dans  la  riviere  de  Pescadona  du 

Coste  Du  sudouest 

71.  Une  autre  chenal  qui  n'est  pas  scur  que  pour  des  Canho 

parce  qu'il  y  a  quantity  de  bature  qui  ne  decouvre  pas 

72.  Un  Chenal   encore  que    n'est   pas   scur   que  pour  des 

petits  batimens  ny  ayant  pas  fond  deau. 

73.  Une  pointe  sur  la  petite  riviere   ou  il  y  a  quantity  de 

sapins  pour  la  Mature,  de  fort  bonne  terre  pour  habi- 
ter  quantity  Danguille  et  de  toute  sorte  de  poisson 
Endorsed.     Description  de  la  Riviere  et  Terre  de  Penta- 
gouet  et  lieux  circonvoisins.  — 


OF   THE    STATE    OF   MAINE.  431 

Page  70.      Vol.  1. 
20  Octobre  1643. 

Nous  soussignes  Relligieiix  Capiicins  de  lordre  Seraphique 
de  nostre  pere  S"*.  francois  missionaires  en  la  nouvelle  france 
Certiffions  a  tons  ceux  quil  apartiendra  que  le  6®.  d'aonst 
1643.  les  Anglois  habit^z,  a  la  grande  baye  pays  de  la  nou- 
velle Angleterre,  accompagnez  de  Monsieur  de  la  Tour  qui 
leur  servoit  de  guide  avec  ses  gens,  sent  venus  faire  descente 
en  cette  habitaon  du  porte  royal  avec  quatre  navires,  et 
deux  fregates  arm^s  en  guerre,  Et  ont  blessd  sept  des 
hommes  de  Monsieur  d'Auuay  gouverneur,  et  lieutenant 
general  pour  le  roi  en  la  coste  I'accadie,  fait  un  prison  nier, 
et  tue  trois  autres  d'un  desquels  ils  ont  traine  dans  le  feu  d'u 
moullin  qu'ils  ont  briil^,  avec  un  autre  qui  y  estoit  deja,  apres 
les  avoir  tellement  mutilez,  qu'ils  netoientpas  connoissables, 
lors  que  nous  les  avons  Estd  lever  pour  les  Inhumer,  de  plus 
ont  Tue  quantitti  de  bestiaux,  Et  pres  une  barque  chargee  de 
pelteries,  poudres,  etautrees  denrees  apartenantes  a  Mon  dit 
sieur  d'Aunay,  laquelle  venoit  de  son  fort  de  pentagonet,  Et 
ont  Enimen^  un  lioranie  de  L'equipage,  qui  etoit  dedans  le  sus 
ditte  barque  a  la  grande  bale,  ou  nous  avons  apris  par  ceux 
mesme,  qui  sont  Echapez  de  leurs  mains,  quils  vendent  et 
achetent  les  franQois  qu'ils  pen  vent  attraper  pour  Ten  servir 
pour  Esclaves,  Ce  que  nous  voions  miner  entierement  la 
Colonic,  que  mon  dit  S"^.  d'Aunay  a  commancd  d'Etablirau 
port  royal,  et  autres  lieux  de  la  coste  d'Accadie  Et  Eni- 
pesche  la  conversion  des  sauvages,  Et  des  cette  annde 
mesme  nous  Eussions  Esto  Contrainte  de  renvoyer  dans  les 
bois  ceux,  que  nous  avons  deja  baptises. 

II  eust  Est<;  le  dernier  Effort  qu'a  fait  mon  d.  '.  Sieur 
d'Aunay  ce  qui  ne  pent  qu'il  s'arrive  d'autant  qu"il  ne  pent 
plus  founiir  aux  Excessives  despenses  qu'il  lui  a  fallu  faire, 
pour  rcmbarrer  les  efforts  de  Sus  d"  Anglois,  qui  depuis 
Sei)t  aiis  Tout  toujours  Iiarcel6,  desortc  quil  faut  ([ue  lesoin- 
maire  des  sauvages,  que  nous  avons  sort  aussy  bien  ruine  que 


432  DOCUMENTARY   HISTORY 

la  colonie  francoise.  Si  nostre  bon  Roy  toujours  port^  et 
attentif  a  uae  actions  de  pietd  et  qui  conserve  L'honneui-  de 
sa  Couroune  ne  donne  des  forces,  a  men  de  Sieur  d'Aunay, 
affin  de  poursuivrelesgenereuxdesseins,  quil  a  de  chasserces 
malbereux  heretiques  Etrauges  Ennemis  de  la  vraye  religion 
qui  n'ont  fait  que  trop  Connoitre  a  toutes  occasions  et 
speciallement  dans  cette  derniere  quils  n'ont  d'autre  dessein 
que  bannir  les  francoise  Ensemble  avec  la  relligion  catho- 
lique  apostolique  et  Romaine,  meme  de  perdre  les  heureux 
Commencemens  de  la  conversion  des  pauvres  sauvages  se 
servant  a  cet  Effet  du  sus  d*.  S^  de  la  Tour  tres  mauvais 
francois,  et  beaucoup  pere  qu'eux  par  la  vie  scandaleuse  et 
heretique  que  mene  luy  Et  ses  gens  allons  an  presche 
lorsqu'il  estoit  a  la  grande  baye  Et  permettant  dans  son 
propre  navire  que  les  heretiques  fissent  hautement  prieres 
publiques  en  la  presence  d'un  relligieux  Recollet,  ainsy  que 
nous  avons  apres  d'un  soldat  du  d*.  Sieur  de  la  Tour  bless^, 
et  demeure  prissonnier  entre  les  mains  de  mon  dit  Sieur  de 
L  aunay,  Et  en  outre  se  rendant  lachemeut  Esclave  des  sus 
dits  Anglois,  et  marchant  sous  leurs  pavilions,  Toutes  les- 
quelles  choses  nous  assurons  etre  veritables.  En  foy  de 
quoy  nous  avons  signe  cette  presente  attestation  dans  I'habi- 
tation  du  port  royal,  ce  20^.  jour  d'octobre  16^3.     Sign^ 

f.  Paschal  de  Troyes  pred-^  Capucin    Miss'^  et  Sup',  sus  d*. 

f.  Cosme  de  Mante  pred'".  Capucin  et  Miss'^. 

f.  hypollite  de  brou  pred"".  Capucin  et  Miss""®. 

f.  didace  de  Liesse  Capucin  lait  Indigne 

f.  Cosme  de  Senlis  Capucin  lait  tres  Indigne 

f.  felix  de  Reims  capucin  lait  Indigne 

f.  Joseph  de  S^  Jean  de  kit.  Capucin  Indigne  lait 

f.  felix  de  troyes  Capucin  lait  Indigne. 


OF    THE    STATE    OF    MAINE.  433 

page  84' 

Lettre  Ecrite  par  le  Conseil  de  Lubeck  en  1651  aux  Com- 
misionres  de  la  Nouvelle  Angleterre.  Exp^® 

Messieurs'  II  y  a  deja  quelques  anndes,  que  Messieurs  de 
Baston  nous  ayant  propose  de  lier  le  Commerce  entre  la 
Nouvelle  france  et  Nouvelle  Angleterre,  le  Conseil  etabli 
par  sa  Majesty  en  ces  pays  joignit  ses  reponses  aux  lettres 
que  Monsieur  notre  Gouverneur  en  avoit  escrit  en  vos  quar- 
tiers  dont  la  teneur  etoit  que  Volontiers  nous  soubaiterions 
ce  commerce.  Et  ensemble  I'union  des  coeurs  et  des  Esprits 
entre  Vos  Colonies  et  les  Notres,  mais  que  nous  desirions  en 
meme  tems  entrer  en  une  ligne  offensive  et  deffensive  avec 
Vous  Contre  les  Iroquois  nos  Ennemis  qui  nous  Einpeche- 
roient  ce  commerce,  ou  du  moins  le  rendroient  raoins 
avautageux  et  pour  vous  et  pour  nous.  L  obligation  qu'il 
nous  semble  que  vous  devez  avoir  a  reprinier  I'lnsolence  de 
ces  Sauvages  Iroquois  qui  tuent  les  S jkoquiuois  et  les  abna- 
quinois  Vos  alliez ;  et  En  outre  la  facilite  que  Vous  pouvez 
avoir  dans  cette  guerre  En  nous  y  prenant,  Comme  il  faiit, 
Sont  deux  raisons  qui  nous  out  Invite'  a  poursuivre  cette 
affaire  avec  Vous  dans  VOtre  Cour  des  Commissionaires. 
Nous  avons  suppli^  Monsieur  notre  Gouverneur  de  Vous  en 
ecrire  officiellment.  celle  cy  est  pour  joindre  nos  diligences 
aux  siennes,  Et  pour  vous  assurer  de  la  dispositions  de  nos 
Coeuri  et  de  tout  ceux  de  la  nouvelle  france  pour  ce  Com- 
merce avec  la  nouvelle  Angleterre,  Et  pour  les  desseins  de 
cette  guerre  contre  ces  Iroquois  qui  douent  ctre  nos  Com- 
muns  ennemis:  Outre  le  S'^  Driiillettes  qui  cet  liiver  a  deja 
commence  de  negocier  pour  cette  affaire.  Nous  avons  6x6 
bien  aisc  qu  le  S"".  Godcfroy  Con'-'",  de  notre  corps  ait  6t6  de 
la  partie  Le  merite  de  ces  deux  deputez  nous  fait  esperer 
une  houreuse  issiie  de  ce  dessein  ils  sont  charges  des  j)ou- 
v.)irs  necessaires  pour  cet  elfet  Jc  veux  tlire  tant  pour 
Noiier  efricacemjnt  le  Commerce  Entre  Vous  et  Nous  (jue 
pour  vous  S oulager  des  Uepences  quil  sera  neccssaire  de 
28 


434  DOCUMENTARY   HISTORY 

faire  pour  la  Guerre  dont  est  question  contre  les  sauvages 
Iroquois.  Nous  vous  suplioiis  de  les  Ecouter  et  d'agir 
avec  Eux  Comrae  vous  feriez  avec  Nous  dans  la  franchise 
qui  est  naturel  aux  Anglois  autant  qu  a  Nous  autres  frau- 
9ois  Nous  ne  pouvons  douter  que  Dieu  ne  Benisse  et  Vos 
armes  et  les  notres  puisquelles  seront  Employees  pour  la 
deffense  des  sauvages  Chretiens  taut  vos  allies  que  les  notres 
Contre  ces  barbares  Infidelles  qui  n'ont  n'y  foj  ni  Dieu  n'y 
aucune  justice  en  tout  leur  procede  comme  Vous  pourrez 
I'apprendre  plus  an  long  des  d  S^^  nos  deputes  qui  vous 
assureront  du  desir  sincere  que  nous  avons  que  le  Ciel  aille 
toujours  Benissant  Vos  provinces  et  vous  comble  des  ses 
faveurs  Messieurs,  fait  en  la  Chambre  du  Conseil  Etably  par 
le  Roi  a  Quebeck  en  la  nouvelle  france  ce  Vingtieme  de 
Juin  mille  six  Cent  Cinquante  ITn,  et  est  marquee  signee  p. 
le  Conseil  Et  au  dos  est  ecrit  a  Messieurs  Messieurs  les  Com- 
missaires  des  provinces  Unies  de  la  nouvelle  Angleterre  Col- 
lationn^  a  la  niinutte  trouv^e  aux  hasses  de  I'ancien  Conseil 
par  moy  Con®^  secretaire  du  Roy  et  Greffier  au  Conseil 
Souverain  a  Quebeck  soussigne  signe  Penuse(^  avec  paraphe. 


Nomination    de  M''.  Da    G-odefroij  jjour  traitter   avec  les 
Connnissaires  de  les  Noiivelh  Anjleterrs. 

Extrait  des  registres  de  Tancien  Conseil  de  ce  paj^s 

Du  vingt*^"^®  pour  de  Juin  1G51. 

Le  Conseil  assemble  a  neuf  heures  du  matin  ou  ont  assiste 
M'^'.  le  Gouverneur  le  R.  Pere  Superieur  M"".  de  Mauxe  de 
Godefroy  et  ]\lencil  sur  la  proposition  faitte  au  Conseil  touch- 
ant  certaine  rescriptions  faitte  par  M"  du  Conseil  en  Tan  nee 
1648.  Mess"  les  Comraissionnaires  des  Etats  de  la  Nouvelle 
Angleterre  a  ce  qu  Union  fut  faitte  Entre  les  Colonies  de  la 
Nouvelle  france    Et   la    nouvelle  Angleterre    pour   faire  le 


U 


OF   THE    STATE    OF   JIATXE.  435 

Commerce  par  Ensemble.  Le  Conseil  voulant  satisfaire  a 
leur  demande,  a  fait  et  fait  Nomination  du  S'^'  De  Godefro}^ 
I'un  des  Conseillers  du  Conseil  Etably  par  sa  Majeste  en  ce 
pays  pour  se  transporter  avec  le  R.  Pere  Driiillettes  en  la 
d''  noiivelle  Angleterre  Vers  les  d  S^2  Co:n:iiissionaires  pjur 
traitter  et  agir  avec  Iceiix  suivant  le  pouvoir  a  Eiix  donnee 
par  M'"*.  du  Conseil  dont  Copie  est  Inseroe  a  la  liasse 
Comme  aussy  Copie  de  la  lettre  ecrite  aus  d.  S""^  les  Coramis- 
siojinaires  de  la  d®  nouvelle  Angleterre  par  M""*  du  Conseil 
Et  quant  aux  marchandises  aportees  par  Un  nonim^  Thomas 
yost  siir  rassarance  et  la  bonne  fai  du  R.  Pere  Diiiillettes, 
le  Conseil  a  deliberd  quil  seroit  envoy^  au  devant  de  luy  et 
ce  pour  luy  designer  lieu  ou  II  pourra  livrer  Icelles,  Et  ce  en 
soil  tems  signe  Penuset  avec  paraphe,  Loiiis  Dailleboust 
Lieutenant  general  pour  le  Roy  et  Gouverneur  de  toute 
&  Salut  ayant  6t6  pri^  et  sollicit6  taut  par  les  sauvages  Chre- 
tiens djpendans  de  notre  Gouveraement  que  par  les  abena- 
qiuois  demeurans  sur  la  riviere  de  Quinibeck  et  autres  lieus 
alliez,  De  les  proteger  Contre 

Tincursion  des  Iroquois  leurs  ennemis  communs,  ainsy 
quil  avoit  ^te  ci  devant  pratique  par  le  S'^  De  Montmagu}'" 
notre  predecesseur  en  ce  gouvernement,  Et  nous  ayant  de 
nouveau  RencontrCj  que  toutes  leurs  Nations  s'en  alloient 
etre  entierement  detruittes  S}'  bientot  nous  n'y  aportions  les 
remedes,  Nous  pour  ces  Causes  Et  pour  le  bien  de  cette 
Colonic  et  suivant  les  ordres  particuliers  qni  nous  ont  6t6 
doniiez  dc  la  port  de  la  Reyne  Regente  Mere  du  Roy  De 
proteger  les  Sauvages  contre  leurs  dits  Ennemis  avous 
depute  et  deputons,  Et  de  I'avis  du  Conseil  Etably  par  le 
Roy  en  ce  paj^s  et  d'aucuus  des  plus  Notables  habitants  Les 
S""!  Gal)rielle  Driiillettes  Predicateur  de  I'evangile  anx 
Natif)ns  sauvages  Et  Jean  Godefroy  I'un  des  Conseillers  du 
dit  Conseil  Embassadeurs  pour  Eux  Envers  M'■^  de  la  nou- 
velle Angleterre  pour  traitter,  soit  avec  M''^^  les  GoiiV(!nu!iirs 
et  Mairestrats  de  la  Nouvelle    Angleterre,    soit   a    la  ('our 


436  DOCUMENTARY   HISTORY 

general  de  Commissionnaires  et  deputez  des  Colonies  Unies 
pour  le  secours  d'hommes,  de  munitions  de  Guerre  et  de 
bouche  pour  attaquer  par  les  lieux  les  plus  propres  et 
Commodes  les  dits  Iroquois  comm'aussy  pour  convenir  des 
articles  qui  seront  estiraez  necessaire  pour  assurances  de  ce 
traitt^,  Et  pour  accorder  aus  d.  S''^  de  la  nouvelle  Angleterre 
le  Commerce  quils  ont  souhaitt^  de  nous  par  leurs  lettres 
de  I'annee  1657.  avec  les  articles  clauses  et  conditions  quils 
verront  y  faire  de  besoin,  attendant  I'arriv^e  de  I'Embas- 
sade  que  nous  envoyerons  de  notre  part  pour  ratiffier  et 
arreter  en  derniere  fin  ce  quils  auront  accorde.  Si  Prions 
tons  Gouverneurs  Lieutenans  generaux  Capitaines  et  autres 
de  laisser  librement  passer  &c.  Collationne  a  la  minutte 
trouv^e  en  liasses  de  I'ancien  Conseil  par  moy  Con®'^  Secre- 
taire de  Sa  Majeste  et  Greffier  en  chef  au  Conseil  Souverain 
a  Quebeck  sous  signe  Penuset  avec  paraphe.  Collationne  a 
quebeck  ce  12.  9^^"^  1712. 

Vaudreuil  v 


Endorsed. 

P.  Lettres  du  Conseil  de  quebec  aux  Commissionnaires 
de  la  Nouvelle  Angleterre  resultent  du  d"'.  Conseil  et  Com- 
mission de  M*",  Dailleboust  a  L  ambassadeur  1651. 


Page  118. 

Sur  les  expeditions  des  Anglois  en  Accadie 
Memoire  de  I'Estat  present  de  L  accadie  pais  de  la  nouvelle 
france.     Portef«  128  piece  28. 

De  vingt  deuxieme  novembre  dernier  1664.  Les  Anglois 
de  Baston  en  la  nouvelle  angleterre  vuirent  y  forcer  une 
petite  place  scituee  au  lieu  nomm*^  Mirliquech  terre  de  la 


i' 


OF    THE    STATE    OF    MAINE.  437 

heve  dans  laquelle  place  ils  donnerent  par  surprize  snr  les 
onze  heures  de  nuit,  et  mirent  main  basse  sur  tout  le  nionde 
et  les  vivres  niarchandizes  et  munitions  de  guerre  au  pillage 
ensuite  ce  retirerent  au  Port  Rossignol  ou  ilsy  out  scitud  une 
petite  place  pour  garentir  les  pesclies  cedentaires  quils  ont 
estably  a  la  dite  coste  de  Finquietude  qu'avec  toute  equity 
Ion  leur  pourroit  cauzer, 

Les  francois  quils  ont  pris  cet  annee  ils  les  ont  expos(53  en 
vente,  et  d'autres  quils  ont  deliber^  moyennant  quils  sig- 
nassent  sur  un  registre  quils  ne  porteroient  plus  les  amies 
au  d*  pais  contre  la  nation  angloise  et  qu'au  cas  qu'ils  y 
contrevinsent  quils  se  desclaroient  eux  mesne  digue  de  mort. 

lis  ont  envo}^^  du  dit  lieu  de  Baston  une  fregatte  desclarer 
aux  navires  pescheurs  fran9ois  quils  payeront  des  cette 
prochaine  ann^e  le  dixieme  de  leur  peclie  celon  les  loix 
d'Angieterre. 

Les  dits  Anglois  ont  raz6  les  forts  de  S*  Jean  et  Port 
Royal  et  transports  soixante  deux  pieces  de  Canons  qui 
etoient  dans  les  dites  deux  places  au  dit  lieu  de  Baston. 

Dans  le  dit  lieu  de  Port  Royal  il  y  a  pres  de  soixante  dix 
a  quarte  vingt  families  francoises  lesquells  y  sont  establies 
depuis  cinquaute  ans  et  quy  ont  bien  pres  de  quatre  a  cinq 
cens  en  fans  n6  natifs  au  dit  pais  auxquells  Les  Anglois  ont 
declar6  depuis  quatre  anois  quils  eussent  a  ce  dispozer  de 
repasser  en  france  I'annee  prochaine  ce  qui  ne  leur  est  pas 
pea  sensible  d  etre  obligS  d'abandonner  leurs  travaux  depuis 
un  cy  loiigtems. 

Les  dits  Anglois  esperent  s'einparer  cette  n.nn6G  de  toute 
I'Accadie  celon  ce  quils  ont  decrard  aux  navires  pociieurs 
lesquels  iutiinid6s  de  lears  menaces  ont  peine  a  so  rcsoudre 


438  DOCUIMENTAEY   HISTORY 


?)  >>  =  ^  y   aller    qui   est    un  negoce    considerable 

B  s  I  la.    coste    de    raccadie    etant  incomparable- 

S  .1     I     Sl--^  meat  plus    considerable    que   la    Riviere    de 

1  i      5     -r  .=^  B  quebeck  a  cause  de  sa  peche  et  quelle  est  nav- 

-  ^     I     I  ^  g  ic^able  en  toute  saison  de  I'annee  sur  laquelle 

-I  i      "     S  5  i.  les  dits  Anglois  out  encore  enipiete  cet  annde 

S  I  f:i  .2     s  o  "^  pres  de  soixante  lieues  qui  est  bieii  loin  de 

^.»§°us°^  restituer  les  terres   usurnaes  cv   devant,  Et 

•5Ic|  ^?  s  2*  sv  sa  Maieste   vouloit  comniettre  deux  cens 

?  s  >  ■§  1 1 1  I  hommes  soubs  la    conduite    du   nommd  Du 

^  2  I  %  M  J  s  I  Coudray,  I'un  de  ces  Lieutenants  au  dit  pais 

|l'Ss.oo^,g  avec  leurs   paye  et   subsistance    lesquels    il 

ifsl  ^^-^si  5  joindroit  a  ceux  quil  a  au  fort  Du  Coudray 

^  l*tl  '2  i  §  -r  ?  f^u  dit  pais  il  se  promet  par  le  moyen  dudit 

c.§S§p-§^i  renfort  et  des  habitudes  quil  a  on   dit  pais 

Srsi'sli'^  depuis   treize   annees    quil   y  est  assidu    de 

"^a^galsl  rendre  la  coste  libre  aux  navires  francois  d'en 

""1^=5  s-5  faire   retirer  les   Anglois   et   de    secourir  les 

•|  o  -  "i  =  s  I  2  sus  dites  families  oppress^es  enfiii  d'erapecher 

liiiSS^I  les  dits  Anglois  de    metamorphoser   la  nou- 
ii^^^=;SMS|  |velle  france  en   nouvelle    Ecosse  comme  lis 

■a  m       iJ       3  3  o 

pretendent. 

Blemoire  de  I'Etat  present  de  I'acadye  pais  de  nouvelle  france  Donnfe  par  le  3.  Coudray 
le  23  novembre  1665. 


page  122. 

Nob'-^  1667. 

La  Compagnie  des  Indes.  Occidentalles. 

Sur  ce  qui  nous  a  represents  par  le  Sieur  Nicolas  Denis 
Ecuyer  de  present  en  cette  ville  de  Paris  qui  des  raniiSe  mil 
six  cens  cinquante  trois,  i'ancienne  Compagnie  de  la  Nou- 
velle France  luy  auroit  donnee  et  Concede  toutes  les  Terres 
et  Isles  scituees  depuis  le  Cap  de  Canceaux  jusques  au  Cap. 
des  Rosiers  au  dit  pays  de  la  Nouvelle  france,  Laquelle  con- 


OF   THE    STATE    OF   MAIXE.  439 

cession  fiuroit  est^  Confirmee  par  lettves  patentes  de  Sa 
^Nlajeste  dn  trentie®  Janiver  Mil  dix  cens  cinquante  quatre 
avec  pouvoii'  an  d*^  Sienr  denis  de  donner  at  de  partir  telle 
part  des  d*^  Terres  quil  aviseroit  tant  aux  snjets  de  Sa 
]\Iajest^  qui  sy  habiteroient  quaux  Originaires  dii  d*  pays. 
^lais  d'autant  que  les  d^  Terres  sont  Comprises  dans  I'esten- 
due  des  pais  concedi^s  a  la  Compagnie  par  I'Edit  de  son 
etablissement  du  uKns  de  may  mil  six  cens  soixante  quatre, 
lecpiel  revoque  toutes  les  concessions  qui  auroient  estd 
accurdces  auparavant  Le  d*  Sieur  deals  nous  auroit  requis 
de  lay  vouloir  Confirmer  et  entend  que  besoin  est  on  seroit 
donnes  et  Concedes  de  Nouveau  les  d*  Terres  et  Isles  avec 
tons  les  privileges,  droits,  avantages  Clauses  et  Conditions 
I)ortees  dans  la  dite  premiere  Concession  et  Lettres  de  Con- 
firmation dicelle  afin  de  luy  donner  moyen  de  Continlier  a 
entretenir  les  Etablissements  quil  a  formds  et  maintennes 
dans  les  d^  pays  avec  beaucoup  de  soin  et  de  depenses.  A 
Ces  Clauses  Nous  Directeurs  et  Generaux  de  la  d''  Com- 
pagnie reconnaissant  combien  il  est  Important  pour  le  bien 
de  la  Religion  et  augmentation  des  Colonies  de  la  Nouvelle 
france  que  cette  partie  soit  Incessament  peuple's  de  sujets 
qui  puissent  travailler  au  defrichement  et  Culture  des 
Terres.  Avons  au  nom  de  la  d®  Compagnie  Confirmd  et 
Conlirmons  Et  autant  que  le  besoin  est  ou  seroit  Concede  et 
Concedons  de  Nouveau  au  dit  Sieur  denis  Ses  d^  terres  au 
Isles  en  toute  propriety  et  seigneurie  aux  charges  port6es  par 
la  d®  Concession  de  I'ancienue  Compagnie  de  la  Nouvelle 
france  scituees  comme  dessus  depuis  le  Cap  de  Canccaux 
Jusques  au  Cap  des  llosieres  avec  tons  les  privileges  droite, 
avantages  Clauses  et  Conditions  portoes  dans  la  d"  Conces- 
sion et  Lettres  patentes  de  Confirmation  d'icelle,  et  a  condi- 
tion expresse  que  le  d*^  Sieur  Denis  Fera  passer  au  dit  pays 
pendant  dix  annees  a  chacun  dicelles  Cinquante  personnes 
de  I'un  et  I'autre  sexe  pour  le  peupler  et  cultiver  Et  en  cas 
qu'en  quelques  ann<:jes  II  n'en  puisse  Faire  passer  le  d'^ 
uombre  II  le  remplaccra  I'annue  suivante  jus{|acs  a  nombre 


440  DOCUMENTARY   HISTORY 

parfait  bien  entendu  aiiss}^  que  ou  le  d*  Sienr  deiiis  envoy- 
eroit  en  Une  aiin^e  Un  nonibre  excedant  Cinquante  per- 
sonnes  ce  qui- se  trouvera  au  dessus  tiendra  lieu  pour  I'envoy 
quil  seroit  oblig^  de  faire  les  ann^es  suivantes  a  faut  de 
quo}^  les  Terres  qui  ne  seront  lors  occupies  seront  reiinies 
au  domaine  de  la  d^  Compagnie  qui  en  pourra  desposer 
ainsy  que  bon  luy  semblera,  Sans  que  led*^  Sieur  denis  ypuisse 
pretendre  aucune  seigneurie  n'y  propriety,  Lesquelles  Con- 
ditions ont  este  acceptdes  par  le  d'  Sieur  Denis  En  foy  de 
quoy  Nous  avons  Signe  ces  presentes  Icelles  fait  contre  sign^ 
par  le  secretaire  general  de  la  d®  Compagnie  et  Icelles  des 
armes  d'jcelle,  a  Paris  le  Neufieme  sour  de  Noverabre  Mil 
Six  Cent  soixante  sept  Sign^  Brochamisl,  Berthelon,  Dali- 
bern,  Thomas  Landais  et  Plus  bas  par  Mes  dite  Sieurs  Les 
directeurs  g^^^^^  Daulis  et  scelle  de  cire  Rouge. 


Survey  of  land  for  Richard  Seacomh. 

By  virtue  of  a  Warr*  from  his  Excel'y  S''  Edmund  Andross 
Kn"  Cap*  Gen^""  and  Gouer*'  in  Chiefe  of  his  Majesties  Terri- 
tory and  domminion  of  New  England  bearinge  date  y®  6  day 
of  octob''  ,1687  to  me  d3'rected  haue  Suruej'd  A  Certaine 
parcell  of  Land  for  Richd  Seacomb  Cittuated  and  Beinge  in 
3'*^  Towne  of  ffalmouth  in  y®  prouince  of  Maine  wbeareone 
hee  Now  Liueth  and  hath  made  Large  Inprouements  theare- 
on  and  is  bounded  one  y®  N  E  with  Land  purchassed  by  John 
Smith  one  y®  S  W  with  Back  Coue  W  with  James  Ross  N  W 
with  Lands  Claimed  by  a  Towne  Grant  of  John  Browne  ; 
Raynging  from  a  heap  of  Stones  or  A  Certaine  Stone  att 
the  S  E  Angle  by  y*^  Watter  Side  N  W  twentie  Eight 
chain e  to  A  Crick  Side  Called  Secombs  Crick  then  S 
64^1.  Westerly  30  Cha :  to  y*'  poynt  att  Back  Coue  and 
from  thence  by  y®  Coue  as  itt  Runs  to  the  S  E  w.heare  ffirst 
began  Contt  fiftie  fower  Acres  then  from  y®  N  W  side  of 
y®  Crick  Raynging:  N.  W.  80  Chaine  to  y®  ffence  of  John 


OF  THE  STATE  OF  MAINE.  441 

Browne  y»  S  W  6  Chaine  to  A  Burch  Tree  then  S  E  79 
Clia  :  to  je  Crick  Contt  48  Acres  y^  whole  beinge  on  hun- 
dred and  two:  Acrs  together  with  A  parsell  of  Massh  Lyinge 
Neare  Back  Coue  att  A  pkice  Knowne  by  y®  name  of  y®  ffressh 
masshes  and  is  10  Cha  Square:  Euery  way:  bounded  one 
y**  EXE  with  vpkmd  of  John  Browne  N  W  with  vacant 
Lands  N«>  with  Joseph  Otwell :  S  W  with  vacant  Lands  and 
Contt  10  Acres  which  is  Certefyed  g  me 

Rich  Clements     Dep  Survey V 
Examined  g  Phillip  Welles     Surv*"/ 


James  RusselVs  Claims. 

To  all  whom  it  may  Concerne 

James  Russell   of   Charlestowne    claimes   these    Seuerall 

parcels  of  Land  in  the  prouince  of  Main  which  are  hereafter 

Expressed  viz/ 

In  p""  One  Island  in  Casco  Bay  comonly  called  Long  Island 
w*^*^  John  Seers  Sold  vnto  m"^  Isack  Walker  of  Boston 
in  y^  Year  1655  as  appears  by  record  &  deed  as  Also, 
sd  Walkers  Sale  to  my  honored  ffather  Richcl  Russell 
Esq^  to  whom  I  am  Executo'"  y®  Island  is  bounded 
or  described  in  the  deed  thus  y®  Wester  End  lyeing 
to  Huswife  Sound  y®  other  End  to  y*^  No  :  East  reach- 
ing to  Luxton  s  Sound. 

2^1y  A  plantation  y®  said  Walker  bought  of  ffrancis  Small 
&  sold  my  aforesct  ffather  w*^"^  lies  in  Casco  Bay  ouer 
Against  Clabboard  Island  w*^'^  was  formerly  possessed 
by  John  Phillips  &  others  &  was  bounded  by  y*'  East- 
ward to  y^  Coue  goeing  down  to  y**  Lands  Towards 
Henry  Webbs  &  to  y''  West  w''  by  y^  Two  Saw  pitts 
w*''^  are  farthest  westward  w*^*"  Eastward  &  West  w'* 
bounds  or  to  run  vp  y"  great  Swamp  beyond  y''  Hill 
According  as  y^  creeks  go.     The  Two  parcells  above 


442  DOCUMENTARY   HISTORY 

mentioned  were  confirmed  to  mee  by  the  Generall 
Court  in  May  1683  as  apears  by  their  Records  where 
y®  deeds  are  Entered. 

3'^ly  A  parcell  of  Land  y*  was  Mortgaged  to  my  aforesd 
ffather  by  m^"  Hugli  Gunnison  Anno,  1654  being  at 
Kittery  on  y''  No  :  East  Side  of  piscattaq^"  in  y^  County 
of  Yorke  W-^^  was  deliuered  to  mee  by  Execution  in 
August  1678,  and  has  Since  been  in  my  possession 
w*^"^  containes  twenty  one  Acres  three  quarters  & 
twenty  poules  As  apeares  by  A  plat  of  y^  Same  & 
is  bounded  partly  by  y^  great  Riu.er  &  by  Crocket  s 
Neck,  by  Spruce  Creek  by  Crocket  s  Coue  &  partly 
by  Majo^  Shapley  s  Land. 

Dated  in  Charlestowne  Aprill  12*^  1688 
g     Ja:  Russell/ 


Report  on  Mrs.  Phillip's  claim 

In  Pursuance  to  An  Order  of  Councill  bearing  date  y® 
twelfth  day  of  July  One  thousand  Six  hundred  Eight}'  Eight 

I  have  Viewed  and  Examined  all  the  Papers  and  Writings 
that  M^"*  Phillips  hath  Delivered  For  and  Concerning  her 
Pretentious  to  the  Land  on  Saco  River  and  Do  find  as 
folio  we  th. 

That  the  Councill  for  the  Afaires  of  New  England  in 
America  by  theire  Certaine  deeds  Under  the  hands  of  Rob- 
ert Warwick  E  George  S""  Ferdinando  George  and  Thomas 
Smith  and  the  Como  Scale  of  the  said  Councill  bearing  date 
the  twelfth  day  of  February  one  thousand  Six  hundred 
twenty  nine  they  did  give  Grant  Enfeof  and  Confirme  unto 
John  Ouldam  Richard  Vines  theire  heires  and  Assignes  all 
that  Part  of  the  Maine  Land  in  New  England  Caled  Swack- 


or  THE  STATE  OF  MAIXE.  443 

adock  Lying  and  Being  Scittuat  betweene  the  Cape  or  Bay 
Commonly  Called  Cape  Elizabeth  and  the  Cape  or  Bay  corn- 
only  Called  Cape  Porpus  Contayning  in  Breadth  from  North 
East  to  South  west  along  by  the  Sea  four  miles  in  A 
Straight  Line  Acounting  One  thousand  Seaven  hundred  and 
Sixty  Yards  According  to  the  Standart  of  England  to  every 
Mile  and  Eight  English  Miles  up  in  to  y®  Maine  Land  of 
the  South  Side  of  the  River  by  Swackadock  after  the  Same 
Rate  from  the  Sea  Through  all  the  Breadth  with  all  the 
Shoares  Creeks  Bayes  harbors  and  Coasts  Alongst  the  Sea 
within  the  Limitts  Aforesaid  with  the  Woods  and  Islands 
Adjoyning  to  the  Said  Land  not  being  all  ready  graunted  By 
the  Said  Councill  Yielding  and  Paying  unto  Our  Soveraigne 
Lord  the  King  One  fifth  Part  of  the  Silver  and  Gold  mines 
&  also  Unto  the  Said  Councill  of  New  England  and  theire 
Successors  and  Assignes  the  rent  of  One  Shilling  Lawfull 
Money  of  England  for  Every  hundred  Acres  &c// 

I  do  Also  find  that  the  Above  named  Richard  Vines  by 
his  Certaine  Writing  under  his  hand  and  Scale  Bearing 
Date  y*^  Last  Day  of  September  one  thousand  Six  hundred 
fourty  five  did  convey  and  Sell  unto  Robert  Child  Phisicion 
his  heires  and  Assignes  all  that  Parcell  of  Land  on  y®  South 
Side  of  y®  River  Swackadock  Alias  Saco  in  the  Province  of 
Maine  as  is  Said  in  the  Above  Graunt  but  find  No  Convey- 
ance from  said  Child  or  from  any  Under  him  So  Cannot  dis- 
cover that  the  said  Phillips  hath  any  Title  to  the  Land 
within  y^  Limitts  Above  Specified. 

Ja  :  Graham/ 


Survey  of  Land,  for  Roh^  Elliot  Esq. 
By  vertue  of  a  Warrant  from  Mis  Excell'^  S'  Edmond 
Andr(js  K*  Cap*  Generall  and  Cheif  Governo'"  oner  his 
maj«  Territory  and  Dominion  of  New  Enghind  IJearing 
date  in  Boston  the  20"'  ffebruary  1»J«7  hauc  surveyed  and 
Layd  out  for  Rob^   Elliot  Es(j[''  as  fullowctii  viz 


444  DOCUMEXTART   HISTORY 

A  Certaine  farme  Cituate  lyeing  and  being  at  the  Village 
of  Dunston  within  the  limmits  of  the  Towue  of  Scarbrough 
in  the  province  of  Maine  beginning  at  the  Corner  of  a  Cove 
by  the  River  Side  and  from  thence  Ranging  186  W  6  Chaine 
to  the  Corner  of  the  same  ifence  and  from  thence  W  S  W. 
two  Chain  to  a  Black  Oak  marked  and  from  thence  W.  100 
chaine  to  a  maple  tree  And  from  thence  N.  15  Chaine  31 
links  to  a  maple  and  from  thence  Est  100  Chaine  to  a  stack 
by  Shawes  Gutt  side.  And  from  thence  as  the  said  Gutt 
Angers  Crick  &  River  Runns  to  the  fQrst  Station  and  as 
bounded  on  the  North,  by  John  Palmer,  on  the  South  by 
John  Austin :  At  the  head  with  Vacant  Lands  on  the  East 
with  the  River  Cont.  One  hundred  ffifty  and  two  acres  of 
Vpland  and  Sixty  three  acres  of  Salt  marsh. 

2^y  Annoth"^  ffarme  lyeing  and  being  at  -Blew  point  In 
the  same  Towne  and  province  Beginning  at  the  stake  placed 
b}^  the  River  side  from  thence  Rangeing  in  length  W.  85 
Chaines  To  a  Hemlock  tree  marked  which  Standeth  by  a 
Brook  Side  and  from  thence  in  Bredth  North  19  chaine  to 
a  Great  white  Oak.  And  from  thence  East  85  Chain  To  a 
Stack  by  the  River  Side  and  ffrom  thence  as  the  River  Runs 
to  the  first  Station  and  Is  bounded  west  with  a  Brook  on 
the  north  with  philip  ffoxwell,  South  with  the  Claim  of 
Dunkin  Sheward  on  the  East  with  the  River  Cont  One 
hundred  and  sixty  one  acres  and  a  half  of  upland  and 
Twenty  acres  of  Salt  marsh  in  all  161i  Akers. 

3^y  A  parcell  of  Salt  marsh  lyeing  at  Blew  point  begin 
ning  at  a  Certain  Rock,  and  from  thence  S.  b  E.  23  cha.  to 
a  pitch  pine  w*^^  Standeth  near  the  Sea  Side  and  from  thence 
W  b  S  ^  S'y  15  chain  to  a  stake  and  from  thence  N  W. 
37  chaine  to  a  pitch  pine  and  from  thence  Est  36  Chaine  to 
the  first  Station  bounded  on  the  South  with  a  Slip  of  Up- 
land by  the  Sea  &  on  the  North  &  East  with  Vacant  upland 
East  &  west  with  Vacant  Marsh  Cont  65  Acres  ^  and  8 
Roods 


OF   THE    STATE    OF   MAINE.  445 

4^^    Another  parcell  of  ffresh  Marsh  lyeing  at  Mill  Crick 
at  Dimston  Cont.  two  acres  and  is  Called  the  Round  about 
all  being  Surveyed  according  to  the  magnet  by  me 
vpl'i  292  acres  Rich'^  Clements  Dep*  Survey 

150 J  marsh 

4^y    A   Small   Island   of  ffresh   massh   Called   y®  Round 
About  Lyinge  att  Mill  Crick  att  dunston  Contt  two  Acres 


Letter     Rich.   Clements  to  Philip   WelU  Aug.  15,  16S8. 

W  Wells 

Sir/  I  haue  Sent  you  M^  Eliots  Returns  which  Are  pro- 
tracted by  A  Smaller  Scale  y'^  my  fformer  by  Reason  y^  other 
wass  distant  from  me  He  will  pay  you :  one  pound  thirteen 
shillings=     I  this  day  heard  from  M""  Galle  :  S'" 

I  sent  his  Retturns  four  monthes  Agoe  —  M^  John  browns 
John  Smithes  &  James  Ropes  all  in  one  plot  of  Large  paper 
if  one  be  Lost  they  are  all ://  but  How  Ever  I  haue  y''  Same 
in  my  Genarall  plott :  Not  Else  att  p^'sent  but  Rest 

You'"  humble  Serut 

to  command  — 
Aug*  IS*''  Rich  Clements/ 

1688  black  poy* 

S'^  Since  y*'  fformer  wass  writt  I  heard  some  thinge  of 

y®  discource  y*  m''  Andrews  had  with  you  I  ordered  him  to 
pay  you  thirtie  fower  shillings  which  wass  your  due  but  I 
beliue  he  offered  you  nothinge  it  beinge  Late  in  y«  Night 
I  had  not  time  to  wright  trustinge  to  his  Jionest  word  but  I 
suppose  hee  did  not  render  you  the  money  but  since  he  hath 
made  A  tru1)le  in  tellinge  y"  people  y*  theaire  Retturne  will 
not  pass  &  y*  Som  are  Lost  I  Know  of  noc  Retturu  since 
my  Last  Cominge  but  you  woarc  ordered  money  l)y  those 
y*  weare  Cappable  to  pay  itt  tliis  will  occaLion  my  Cominge 


446  DOCUMENT AKY   HISTORY 

to  boston  before  I  cann  finish  ray  Gen^"^^  plott :  &  shall  giue 
you  An  account  of  Eurye  pertiqular  I  hau  bine  thought  fitt 
to  be  intrusted  with  a  greater  Consirne  then  this  Although 
now    not    &  am  veary  sorrey    your  oppinion  is  No    better 

of   me.    R   C  :  [Snperscribefl] 

To  M'  Phillip 
Wells     Siruey""  Genar^^ 
att  Boston 
g  sent// 


Teat'imonies  of  Joseph  Grraves,  3Iary  Q-raves  <|*  John  Rtitter. 

Sudbury  y®  in    New   england   being   the    Place 

3  January  16 |f  &  Day  the  Deposition  refers  unto. 

The  testomonies  of  Joseph  Graues  seni''  aiged  46 
yers  or  thear  abouts 

And  of  mary  Graues  aiged  thirty  yers  or  thear 
abouts  and  of  John  Rutter  aiged  40  years  Witt- 
nesseth  that  Solomon  thomas  Indian  Being  att  the 
house  of  Joseph  Graues:  wee  heard  said  Soloraan 
thomas  Say  That  when  y®  fight  att  the  East  ward, 
should  bee:  if  the  Indians  had  the  better  of  itt 
as :  the  English  did  retreate  y®  friend  Indians  wear 
near  to  shoot  them  dowue 

but  if  the  inglis  gett  the  day  wee  say  nothing. 
2^y  that  in  the  spring  french  and  Irish  would  Com  to 
Boston  as  many  and  all  one  as  Indians  for  that 
was  the  first  plase  that  was  to  bee  destroyed  and 
after  that  the  Countery  tonnes  would  bee  all  one 
nothing. 
Sly  That  the  Governour  had  Given  said  Solomon  a 
booke  that  was  better  then  the  bible  and  all  that 
would  not  turn  to  the  govornor  reledgon  and  owne 
that  booke  should  bee  destroyed/  in    which  booke 


OF  THE  STATE  OF  MAINE.  447 

hee  the  said  thomas  said  was  the  pictiir  of  our 
Savior  and  of  the  virgen  jNIaiy  and  the  twelve 
apostls  and  the  governour  says  when  we  pray 

wee  pray  to  the  virgen  Mary,  and  when  the  fight 
shoold  bee  att  East  ward  the  governor  woold  sit  in 
hisWigwam  and  say  o  braue  Indians  this  and 

much  mor  may  bee  said. 

Joseph  Graues     Marj' A|  /  Graues    John\/Rutter 
her  marke.        his  n:arhe. 

When  wee  had  made  this  presentation  to  Justes 
Bullevant  and  hee  had  parused  it  hee  said  a  par- 
sell  of  felows  had  devissed  a  parsell  of  lys  and  had 
fathered  them  on  a  pore  Indean  and  soe  lidgiat 
&  m"^  Randolph  Grayham  and  Brokvs  coming  in 
and  after  examination  they  Commited  mee  Joseph 
graues  to  prison,  noe  bayle  would  bee  taken  all- 
thoug  three  hundred  pound  baile  was  profered — 
and  when  said  graues  came  to  the  prisson  hee  de- 
sired hee  mait  stay  in  the  prisson  house  that  night 
but  one  hundred  pound  bayle  would  not  bee  taken 
butt  hee  must  to  y°  Comon  Joyle 

Next  day  Joseph  graues  Joseph  moore  Ems  and 
.John  Rutter  weare  Comanded  to  the  House  of 
CoH  Page  and  aftar  Exsamenation  wer  commanded 
againe  to  Joyle  every  man  appart  not  suffered  to 
spoke  one  with  another 

Two  days  aftar  being  called  forth  againe  two  of  vs 
wear  freeid  vpon  one  hundred  pound  pr  man :  and 
giving  seven  shill  six  penc  pr  man  :  for  wrighting  a 
bond/  and  Joseph  graues  and  -Jn"  Rutter  Being 
appointed  to  .Jndg  [)alni(,'r  the  next  day  when  wee 
had  gotten  bonds  men  according  to  hiw  the 
wiighting  of  our  bonds  Cost  vs  one  pounds  seven 
shill  &  six  penc  pr  man.  Said  Graues  sending 
word     to      Judg      Dudly      why     wee      mait      not 


448  DOCUMENTAEY   HISTOEY 

Com  out  as  cheape  as  the  other  two  hee  sent  mee 
word  if  wee  had  com  out  when  the  other  did  wee 
mayt  butt  now  we  shovld  not  wheaj-e  vpon  said 
Graus  sent  word  to  Judg  palmer  tliat  hee  Could 
Easuer  1}^  in  Joyle  till  the  Court  then  give  soe 
much  mony  to  be  relesed  becacus  hee  was  a  pore 
man — 


Sudbury  in  New  England 

th  22:  th  March  1688 
Thomas  Browne  aiged 

sn'  aiged  54  yers  or  John  Goodenow 

John  Grout  Sn*"  yers  or 

Jonathan  Stanhope  aiged  57  yerr  or 

John  parmenter  50  yers  or  theare  abouts  Witt- 
nesseth  that  wee  heard  John  James  Indian  of 
liis  owne  volontary  mind  say  that  the  governor  was 
a  Rouge  and  had  hired  indians  to  kill  y*^  English 
and  in  particular  had  hired  Wahoway  to  kill 
English  men  and  that  y®  Governor  had  given  said 
walioway :  a  Gould  ring  which  was :  His  Commis- 
sion which  Govld:  ring:  said  wahoway  Sovld  to 
Jonothan  Priscutt  for  two  shillings  in  mony:  whear 
vpon  wee  replied  Sirrah  you  desarve  to  be  hanged 
for  what  you  say  whear  vpon  said  John  James 
againe  replied,  what  you  papish  all  on  Governor 
I  speake  itt  before  Governor  very  safe 
Thomas  Brown  John  Goodenow  sn'^ 

Jonathan  Stanhope      John  Parmenter/ 

Wee  whose  names  are  aboue  written  haueing  receved  this 
declaration  from  John  James,  we  thought  it  our  duty  forth 
with  to  informe  authority  and  did  with  the  Indian :  pres- 
ently apeare  att  watertow  before  Justis  Bond  whear  the  said 


I 


OF    THE    STATE    OF   MAESTE.  449 

John  James  did  volentarily  give  His  owne  Testemoiiy  to 
said  Justes  bond/  which  after  hee  had  Taken  Justes  Bond 
ordered  John  Goodenow  and  Thomas  Browne  and  the  In- 
dian to  make  theare  appearence  forth  witheather  Beefore  the 
governor  or  one  of  the  Councill  whicli  accordingly  wee  did. 
when  wee  Came  to  the  Governors  house  aftar  lono;  waiting^ 
in  a  very  wett  and  Could  night  wee  wer  admitted  into  the 
Governors  presenc  whear  wee  wear  detained  till  aleven  or 
twelve  of  y^  clock  in  the  night  and  aftar  a  very  vnkind 
treat  we  humby  praid  his  Excellency  to  pleas  to  discharg  vs 
of  the  Indian  but  hee  tould  vs  no :  and  Joked  vs  and  said 
wee  wear  a  Cupple  of  braue  men  and  had  the  Command  one 
of  a  troop  of  horse  &  the  other  a  Company  of  foot  and  could 
wee  nout  know  what  to  doe  with  a  pore  Indian :  further  hee 
asked  vs  what  mony  wee  gaue  y*^  Indian  to  tell  vs  such  nuse 
and  Commanded  vs  still  to  take  care  of  thee  Indian  still 
vntill  his  plesur  was  to  Call  for  vs  again  and  thus  as  wee 
would  answer  itt  Thus  being  severly  Chiddne  out  of  His 
presenc  wee  wer  forsed  with  the  Indian  to  seeke  our  quar- 
ters whear  wee  could  find  them,  next  morning  wee  weare 
preparing  to  Goe  hom  again  to  Sudbury  being  twenty  miles 
or  moor  beeing  Satarday  wee  wear  again  by  a  messenger 
from  y®  governor  Commanded  with  our  Indian  to  wait  on 
the  governor  which  we  did  and  waited  att  the  exchange 
from  nine  a  clocke  in  the  morning  till  thre  aclocke  or  fover 
in  the  aftarnoone  whear  in  the  face  of  the  Contry  wee  wear 
made  to  waite  vpon  the  Indian  with  many  Squibs  and  Scufes 
that  wee  met  with  all. 

Att  last  wee  wear  commanded  vp  befor  the  Govornor  & 
his  Counsill  whear  wee  wear  exzamened  apart  over  and  over 
and  were  about  the  Setting  of  the  Sonn,  wer  granted  loaue 
to  goe  home  Beeing  the  cueing  befor  the  Sabbath 

Thomas  IJrowne/ 
John  goodenow/ 
29 


450  DOCUMENTARY  HISTORY 

The  next  munday  following  Jacob  Moor  Joseph  Graues 
Joseph  Curtis  Joseph  Moore  Obadiah  Ward  wear  by  y^ 
Sherif  fetched  down  and  aftar  exzamenation  Jacob  Moore 
was  commited  to  close  prison  Joseph  Moor  Joseph  graues 
Joseph  Curtes  &  obadiah  Ward  wear  sent  home  agaiue 
paing  to  y®  shrefe  twelve  shill.  pr  man 

Joseph  Graues     Joseph  Curtis     Jacob  Moore/ 

And  the  next  Munday  morning  following  the  Shrif  and 
his  deputy  sn'^'  Came  vp  to  Sudbury  and  Commanded : 
Thomas  Brown  John  Goodenow  John  Grovt  sn''  Jonothan 
Stanhope  John  Parmenter  forth  with  to  appeare  att  boston 
att  the  House  of  Coll  page  Butt  being  a  wett  and  Cold  day 
wee  wear  detained  att  the  House  of  Judg  Dudly  s  aftar  long 
waiting  had  the  kindness  Showne  vs  as  to  haue  an  exzame- 
nation every  man  appart  befort  Judg  dudly  Judg  Stoughton 
m""  Grayham  and  other  Avhear  wee  were  bound  over  to 
answer  at  the  nex  Superior  Court  to  be  holden  att  boston 
what  should  thear  bee  objected  against  vs  vpon  his  maj*'"* 
acompt. 

Thomas  Brow  John  Goodenow  sn^  John  Grovt  si""  wer 
bound  in  three  Hundred  pound  bond  par  man  and  each  man 
two  Surtis  in  three  hundred  pound  a  peece  John  parmenter 
Jonothan  Stanhope  wear  bound  in  one  hundred  pound  a 
peece 

Thomas  Browne  John  Goodenow 

Jonathan  Stanhope  John  Parmenter/ 

Beesids  y^  lost  of  our  time  the  Reproch  and  Ignomeny 
Bonds  and  Imprissonment  that  wee  pore  men  haue  ben  the 
Subject  for  no  other  caus  in  the  world  that  we  know  of  but 
becase  wee  had  discharged  the  parts  of  Honest  and  Loyal 
Harted  men/  wee  shall  onely  take  the  boldness  to  give  a 


k 


OF  THE  STATE  OF  MAINE.  451 

tru  accompt  of  what  raonis  wee  wear  forsed  to  Exspen  out 
of  our  own  purses  which  is  as  followeth 
by  the  Sheref  &  other  nececary  charges 

£  S  £  S 

Thomas  Brovvne 02  00  Jacob  Moore 03  tt) 

John  Goodenow  snr 02  00  Jonothan  Stanhop 00  15 

John  Grout  snr 00  10  John  parnienter 00  15 

Joh  Rutter  juur 03  05  Joseph  Graues 03  15 

Joseph  Curtis 0  17 


Letter  Joseph  Prout  to  the   G-oif  ^   Council. 

To  the  Honored  Governor  and  Councell 

ffrom  On  board  the  Ship  Orang  Tre  at  ffalmouth 

Haveing  but  a  minute  or  two  of  time  now  to  write,  the 
vessell  being  at  Sayle  by  whome  I  now  Send,  Thought  it  my 
duty  to  give  you  an  account  of  what  I  have  noated  down 
from  an  Indian  Prisoner  now  on  board  this  Ship,  w*''*  was 
taken  at  Peraaquid  it  being  an  examination  taken  before 
Cap*  Davis  who  is  now  here  present,  The  Cap*  of  the  Ship 
Seems  to  be  much  Concerned  for  the  Good  of  the  English 
here,  and  for  that  end  came  in  heither,  he  is  not  yet  deter- 
mined in  his  minde  whether  to  leave  the  prisoner  here  or  to 
bring  him  to  Boston. 

Our  Soldiers  here  begin  to  Inquire  for  Cloathing  Shoes  & 
Blankets,  and  if  you  think  good  to  allow  tliem  sumthing 
Suteable  to  make  Straw  beds,  our  Captaine  desires  y*  some 
Swan  Shot  may  be  Sent,  here  is  wanting  about  6  in  of 
Shingle  nayles  to  cover  the  Stoar  room  in  the  fort  also  a  few 
Single  &,  duble  board  nayles,  also  a  paire  of  Smiths  Bellows, 
Also  I  would  request  your  Honors  to  Intemate  to  me  what 
allowance  of  Rum  the  Soldiers  must  haue,  as  yet  I  have 
allowed  them  a  pint  among  Six  men  for  each  day  they  are 
upon  a  Marcli,  they  Expect  the  Sam  while  they  be  Still 
being  tould  by  some  here  present  that  the  Cuntry  allows  it, 
please  to  give  me  orders  what  to  do  in  that  case.  Our  pork 
is  most  part  of  it  Spent,  please  to  give  me  order  to  Impress 


452 


DOCmiENTART  HISTORY 


some  Cattell  or  rather  Send  Suteable  effects  to  purchase  the 
same  w°^  I  suppose  will  be  cheaper  so  to  do.  I  suppose 
Cap*  Phillips  can  Inform  what  goods  are  Suteable  for  this 
place,  please  to  Excuse  my  rude  brevity  in  haste  remayn 

Your  Honors  humble  Serv* 

Joseph  Prout/ 

Septemb^  y^  :  W^  1689 
Hono^d  majo'  in  obedianc  to  yo'^  ordar  in  our  vessells  and 
with  our  fuell  and  by  our  Labour  one  of  the  indion  cap* 
Danils  Company  s  had  their  ffoode  dresed  in  our  hous 
whearby  we  ware  preuented  of  doeing  any  bussines  but 
sarueing  yo"^  ordar  the  which  we  did  both  of  us  for  six  days 
and  my  demand  is  if  you  think  good  1^-6'^'pr  day  the  which 
amounts  to  0^-9^-0  for  mele  which  they  had  for  thickening 
thair  broth  f  a  bushell  0-1-0 

for  salt-  0-0-6 


> 


00 


Richards  & 


=  10:  =00 


Boston  Septemb^-  y^  13  to  y^  19  Dito  1689. 
Acomp*  Debf 

ifrom  Mage^  Church  to  y®  Worshipfu"  Mag"" 
Doct^  Cooke  for  &  in  y^  behalfe  of  ye  Countery 
Impe"//q^O  6  English  Inferrior  Offi-" 
J_  sers  Constant  besids  other 
visiters  dressing  their  Diett 
Lodging  &  Board  j 

ffo :  64  of  Cap*  Vmpassis  Indeons  &  34^ 
of  Cap*  Amos   his  Indeons  Dressing 
their  Diett  &  seurall  other  trouble  in 
said  Affeares  J 

to  one  Bushell  Indeon  Meale  of  s'l  Ace*  00 :  =02 :  =  00 

102  =02  =  00 


01:  =  10;  =00 


OF   THE    STATE  OF   MAINE.  453 

From  Major  Swayne  R^^  y^  ^If.  SepV  1G89. 

Winter  harber  Salco:  Sep*'   y«  20"»  1689. 
Honr*^  Sirs 

after  respects  to  your  Honours,  these  are  to  give  your 
selues  to  understand  y*  this  day  my  selfe  and  y®  officers  in 
Coinission  with  vs  and  some  of  y®  Gentleiii  of  the  place: 
takeing  a  survey  of  the  fort  att  Salco  ffals,  and  the  lament- 
able exposed  Condetion  of  y®  Inhabitants,  as  also  vnder- 
standing  y*  y®  Governour  &  Convention  had  promised  thirty 
Soldiors  for  the  releife  of  y®  place  of  which  there  is  but 
nine,  considering  also  what  bennefitt  y®  fort  may  be  of: 
not  onl}^  to  y*  place  but  y®  places  y'  abouts  do  intreat  y* 
there  may  be  a  party  of  about  twenty  or  thirty  able  men 
more  ~  y*  so  y*  fort  may  be  maintained  for  it  is  A  place 
worth  y^  keeping  (in  it  selfe)  besids  y®  other  circomstances  ' 
y®  man  y*  belongs  to  y""  place  promiseth  to  returne  thether 
with  his  famaly  If  there  be  but  any  Considerable  strength  to 
keep  it,  nought  Else  but  your  Honours  Humble 

Serv*  Jer:  Sweyne/ 
there  is  not  only  y®  Saw  mils  but  a  very  Good 
gi'ist  mill  and  there  is  not  an  other  hereabouts, 
besids  it  is  their  present  frontier :  ~  pray  pleas  to 
lett  m""  Sarj*  haue  a  speedy  answer  for  we  aprehend 
it  very  momentous 

"  ffor  the  Honoured 
Governour  and  Councill 
of  the  Massathusets 
Collany 

Sitting 
in 
Boston  "  ~ 


454  DOCUMENTAEY   HISTOHY 

7br  21st  iQgQ  ^  Liste  of  the  men  that  was  slaine  in  a 
fite  att  ffallmoth  &  all  soe  how  many  was  wonded  in 
said  fight. 


of  Cap"  halls  sowldes 
Thomas  Burton 
Edward  Evens 


of  Cap"  hals 
<  ihomas  Berry    >         ^    ,  . 
T  1      T,r  1         "  slaine 

John  Mason 

David  Homes 


of  Cap"  Dauis  Comp: 

f  Giles  Row  to  the  forte 

\  Andrew  Allger  of  the  Towne 

(  an  Indian 

2 J 

\  an  Nagro  of  Colo  Tyngs 
1 —      Cap"  Brakett  Careied  away  or  slaine 


11 

Wounded  men 
6  Indians  —  friends  . 

of  Silv*  Davis  Comp. 

f  James   freese  second^ 
J  M^  Bremhall  I 

I  Tho :  Browne  [ 

i^m'^  Pallmer  j 


10  Wonded 

11  Slaine 


21  Totell  slaine  &  wonded 


OF    THE    STATE    OF    MAINE.  455 

Letter  Sllvanus  Davis  to  the   G-ov^  ^    Council. 
fforte  Loyall  7*^^   22"^  1689. 
Honor^'''®   Gentlemen 

I  am  sensible  (with  all  svbmision  to  vo'  Honour's  of  yo'^ 
Grate  Care  in  sending  Releife  to  our  poore  Distressed  prov- 
ince as  allso  nothing  Can  bee  more  taken  Notice  off  then 
thoes  Grate  smiles  of  providence  that  God  Allmighty  shoold 
soe  order  it  that  tlie  worthy  Maj"^  Church  &  his  sowdiers 
Both  White  &  Blacke  theire  Arrivell  should  bee  Juste  in 
svch  Time  of  Necessity  the  winde  &  weather  Affording  him  a 
happy  passage  all  so  his  Exceeding  Ready  Willingness  and 
WiUing  Readiness  to  serve  their  Majestyes  in  tliis  iuterprise 
&  Grate  zeale  in  Defending  vs)  &  offending  the  Enimy  to 
his  vttmost  strenght  &  power  Juste  Then  Landed  from  sea 
(Being  beyond  expectation)  for  on  the  20*^^  of  this  Instant 
Late  in  the  Affternone  hee  Landed  him  selfe  &  Immediatly 
went  on  boord  the  Duch  shipe  to  discorse  the  English 
wooman  that  thay  had  Redemed  from  the  Indians  that  by 
discorsing  said  wooman  hee  might  know  the  Euimys  proo- 
sedings  the  better  to  know  what  methods  to  Take  in  the 
p'^shute  of  the  Enimy  Late  in  the  nighte  hee  Landed  his 
men  that  thay  might  not  bee  discovred  in  thaire  Landing  = 
on  the  21*'*  wee  had  an  allarm  in  the  morning  by  vertve  of 
about  twelve  firings  on  Cap"  Bracketts  plantation  the  enimy 
ware  discovred  wee  marcht  out  &  Ingaged  them  about  six 
houers  a  fierce  fight  -  forced  them  to  Retreate  &  Judge  many 
of  them  to  bee  slaine  thaire  number  being  Grate  Judged  to 
bee  betwixt  3  &  4  hundred  &  thare  was  Grate  firings  on 
Both  sides  the  Enimy  as  thaire  Custom  have  bin  Adventred 
hard  to  Gett  of  thaire  slaine  &  was  harde  in  tliaire  Retret 
throw  a  swauipe  to  Cut  downe  i)eesles  to  make  protections 
to  Carey  them  of)  wee  had  soom  men  slaine  &  sooni 
wonded  which  yo*"  llono's  have  a  perteculer  accop"  of) 
had  on""  fforces  knowne  the  (jlround  *fc  suHiciant  svpploy  of 
Annnonition    (ou""    Allarem    being  early  in   the   niurning   & 


456  DOCUMENTARY    HISTORY 

thaire  Landing  Late  oner  night  wee  had  Don  more  Execv- 
tion  on  the  Enimy)  Bnt  nothing  Coold  bee  more  Don  & 
expected  then  the  worthy  majo''  &  Comanders  performed 
both  in  persons  &  Comandes  all  soe  the  exceding.  willing 
nesse  both  of  the  sowldiers  &  ou"^  Lihabitance  in  this 
Attacque  is  to  bee  acknowledged  a  grate  and  vndeserved 
mercy  gentellmen  yo"*  Care  for  vs  wee  Thanke  &  hope  that 
as  you  have  vndertaken  this  Interprise  you  will  pross- 
ecvte  it  with  Gods  assistance  to  effecte  in  subduing  thoes 
whoe  are  the  Grattest  Enimys  to  God  his  Cavse  vs  &  ou'^' 
peaceable  settlement  I  Have  noe  more  at  p'sent  aquante  yo"^ 
Hono'^'s  Take  Leave  to  svbscrib  my  selfe 

Yo""  Honors  moste  Humble  sarvant 
Silvan  us  Davis/ 
on'  sowldiers  in  the  forte  are  all  moste  naked  it  Grevfs 
mee  to  here  them    Complayne.     Espeshially  in    the    night 
when  thay  are  vpon  Duty 

ffalmouth  1^'  22*^^  1689 
To  The  Honored  Gov''  &  Councell 

These  are  to  Signifie  that  it  will  be  needfuU  for  us  to  have 
a  Speedy  Supply  of  all  things  Nessecary  for  the  Supply  of 
our  Army.  We  Shall  want  another  Chirurgeon  besides  hime 
that  is  alredy  here,  his  hands  being  fnll  at  present  full  with 
those  men  alredy  wounded,  and  it  will  be  needful  for  one  to 
March  w**^  the  Army,  It  being  my  present  Intentions  to 
march  out  after  the  Indians  as  Soon  as  wee  can  understand 
w*''^  way  they  are  gone.  It  will  be  Nessecary  also  that  wee 
have  a  Supply  of  Some  Spare  arms,  as  also  a  p'"  of  Smiths 
Bellows,  and  Some  Stoar  of  Smaller  bullets,  we  might  have 
done  more  Execution  upon  the  enemy  yesterday  if  we  had 
Sizable  Shott  and  better  powder,  I  do  expect  a  Speedy  & 
full  Supply  of  redy  made  cloathes  as  wastcoat  drawers  Coats 
&c  and  also  a  good  quantity  of  red  &  white  cotton  &  duffells, 
&  two  or  three  hundred  paire  of  Shoes  of  all  Sizes  fitt  for  men. 
As  for  the  Minester  of  this  place  I  am  well  Satisfied  with 


OF    THE    STATE    OF    MAINE.  457 

him,  he  being  present  with  us  yesterday  in  the  fight,  and 
wheras  his  present  maintainance  from  this  Town  by  reason 
of  thier  poverty,  is  not  enough  for  his  livelihood,  he  haveiiig 
not  for  a  long  time  reed  anything  considerable  for  the  time 
past,  in  so  much  that  he  had  thoughts  of  reraoveing  befor  I 
came,  but  I  shall  Encourage  him  to  Stay  promissing  him  an 
allowance  from  the  publique  Tressury  for  what  Servis  he 
shall  do  for  the  Army,  I  am  also  pretty  well  Satisfied  w''^  the 
Chirurgeon  w****  is  here,  and  hope  you  will  Send  a  Supply  of 
Medesen  &  cordialls  Sutable,  that  as  our  men  are  like  to 
Indure  hardship  &  hazard  whilest  abroad  I  would  not  have 
tliem  want  any  thing  Suteable  for  thier  reliefe,  1  must 
request  your  Honors  not  to  faile  of  Sending  a  Supply  as 
well  of  what  I  have  mentioned  as  also  of  what  your  honors 
may  think  NeedfuU  for  the  Supply  of  our  army  that  Soe  our 
desigue  against  the  Enemy  may  not  faile  for  want  of  what 
is  Nessecary,  w*'^  w*^  my  humble  Servis  to  your  Hono",  is  all 
the  Xeedfull  from  Gentlemen 

Your  Honors  humble  Serv* 

Benjamin  Church/ 


Joseph  Front  to  the   Gov''  ^   Council. 

Falmouth  l^''  22'^  1689 

To  the  Honored  Governor  and  Councill  

These  are  to  Signifie  that  I  reed  your 

Honors  Letter  gm""  Aldens,  j5' of  the 

a  pr  of  Smiths  bellows  goods  &  provissious  I  liavc  alredy 

^^"•"^  reed  on  shore,  the  rest  are  yet  on- 

beds 

coats  breeches  board,  being  hindered  yesterday  by 

wa«tcoats  drawm  reasou     of     an    Ingagcm'   w'"    the 

blankets  ^    '^ 

Small  bullets  Indians,  concerning  w^''  Shall  refer  to 


^"'""*''"'  letters  from   such   psons  who    have 

Some  better  powder  ^  o    i  i* 

a  pood  quantity  uiorc  Icassurc  to  write  then  my  belle 

^^ ''*'"^^''""'  hath,  all  tiic   duffells    was  delivered 


458  DOCUMENTARY  HISTORY 


out  among  the  Indians  before  it  came 
on  shore  by  the  Majors  order,  as  also 
all  the  cottons  was  delivered  among 
the  Indians  yesterday,  &  this  day  all 
the    Shoes   among   the    Indians  and 
Some  of  the   English,  and  that  by 
the  Majors  Speshall  comand  as  also 
all  the  Stockings,  except  half  a  doz 
p'"  of  Shoes  and  Stockings  w'^'^  I  have 
privately  reserved  for  Some  who  are 
in  most  present  want,  here  is  great 
want  of  cloathing  among  the  Soldiers, 
as  blankets  coats,  wastcoats  drawrs, 
as  also  Some  beds  or  Crocos  to  make 
Straw  beds,  for  I  fear  our  wounded 
men   do    Suffer   for   want   of   warm 
lodging,  and  those   who   are  well  do 
expect    Some    thing   of  lodging   for 
them,  (to  keep  them  well),   most  of 
the  bullets  as  yet  come  to  hand  are 
musket    bullets    Smaller   are    more 
wanted,  great  wast  is    made  in  our 
hurry  for  want  of  a  due  care  in  those 
who  put  up  what  is  Sent  in  not  direct- 
ing by  mark  and  Number  where  to 
fincle  what  is  Suteable,  great  part  of 
this   Saboth  is  like    to  be  Spent  in 
makeing  musquit  bullets  into  Slugs, 
I    hope   your    Honors    will    Send   a 
Speedy  Supply  of  what  is   needfull, 
I  have  written  to  m  ^  Tho  Michelson 
at  Saco  desireing  him  to  Signifie  his 
wants,  w*^  a  promiss  to  Supply  him 
yyth  what  I  have  in  Stoar  but  I  doubt 
here  will  be  but  little  left  by  such 
time  as  I  receve  his  answere,  it  is  not 


OF  THE  STATE  OF  MAIXE.  459 

possible  for  me  at  present  to  Keep 
any  thing  in  my  hands  w'^'^  the  Sol- 
ders wants,  for  the  Major  Commands 
a  Supply  for  his  Soldiers  as  far  as  it 
will  go.  I  shall  not  farther  Enlarge 
Saveing  to  noat  in  the  Margent  the 
Severall  Wants  at  present  in  niinde 
&  Subscribe  my  Selfe  your  Honors 
humble  Serv*  : 

Joseph  Proutt/ 


"  From  3Iajo'-    Church  Bec'^  ^4*^  of  jSejJt.  WSO." 
Honorable  Gentlemen 

I  Canot  but  acknowlig  Gods  Grate  Goodnes  in  Giuing 
shuttable  winds  &  A  quick  pashage  for  the  Arrivall  of  my 
selfe  &  forces  at  this  place  which  I  hope  will  by  Gods  bless- 
ing, proue  for  the  Glory  of  his  Grate  Name  theire  Majestys 
Intrest.  &  the  Releife  of  thes  Pore  Distresed  peopell 
Amongst  whome  I  am  Come  thes  Come  to  Aquaint 
yo'^  honours  that  I  ariued  at  this  Towne  of  fallmouth  upon 
the  20  of  this  Instant  in  the  after  noone  whare  I  landed  my 
seelfe  :  Keeping  my  men  as  Close  on  Boord  as  possoble  that 
thay  might  not  bee  Discouered  hy  the  Enemy  my  selfe  being 
Landed  i  found  Good  Cap"  hall  with  his  men  in  Good 
health  as  allsoe  the  Inhabitanee  manifested  thaire  Grate  Joy 
of  my  Ariuell  by  thaire  Redy  Assistance  for  our  snply  which 
was  more  then  ordenary  upon  such  a  sudden  Arivell  the 
same  night  I  Landed  our  men  it  being  late  1  liad  not  time 
to  fitt  ou*"  sowldiers  many  of  them  very  much  ouglit  of  Case 
not  beeing  ussed  to  the  Sea  in  the  night  I  Cawsed  Cap" 
Dauis  to  Conucne  the  Commity  togeather  to  Consider  wliat 
saruis  might  bee  of  most  use  vpon  the  presente  Expedition 
for  the  Litrest  of  the  Country  &  Destruction  of  the  Enemy 
as  uery  early  in  the   morning:   I  sett   Abought  filing  our 


460  DOCTOIENTARY   HISTORY 

sowldiers  with  Amonetion  &  nessecarys  for  A  march  but  in 
the  midst  of  our  bisnes  before  halfe  of  our  men  Coold  be 
Sarued  all  though  wee  used  all  spede  posible  we  Receued 
An  Alarem  by  the  firing  of  about  12  goons  att  Captt  Brack- 
etts  faraime  hee  being  Gon  thathir  Early  hardly  known 
by  any  of  his  Going :  wheather  we  marched  away  with  all 
speed  both  English  &  Indians  Both  Commanders  &  Sowl- 
diers &  the  Inhabitance  of  the  Towne  with  an  ondanted 
Corrage  Soom  Difficulty  wee  had  to  Geat  to  the  place  by 
the  Reason  the  wallter  was  up  that  our  men  ware  forsed  to 
wade  ouer  a  Cricke  whareby  the  Enemy  had  Grate  Aduan- 
tage  against  us  we  Receued  many  uoleys  of  shot  from  them 
before  ou'^  sowldiers  Coold  Gett  ouer  said  Crick  besides  the 
many  fences  that  the  enemy  had  for  thaire  shelter  &  thaire 
number  being  Grate  as  Judge  by  many  betwixt  3  &  400 
from  said  fences  we  Receued  Showers  of  Shoot  as  haille  but 
ow'"  Sowldiers  Both  English  &  Indians  being  not  on  a 
quainted  with  the  manor  of  Indian  fitting  (A  i  must  Confes 
I  haue  not  met  with  a  harder  Charge  from  anny  Indian  En- 
emy then  from  thes  at  this  time)  as  soone  as  ouer  said  Crick 
our  Sowldiers  sheltred  them  seleus  as  well  as  thay  Coold  & 
Charged  the  Enemy  with  thundring  ^ealls  of  shoot  many  of 
the  Enemy  was  sen  fall  but  thaire  number  being  Grate  thay 
ware  seen  hall  thaire  slaine  away  in  the  prosecution  of 
which  many  more  of  them  ware  shot  downe  &  more  Came 
to  do  the  Like  saruice  Loste  thaire  Laifes  the  fight  heald  for 
About  6  or  7  hours  from  first  to  Laste  we  Beate  them  away 
into  A  swamp  near  the  place  whare  we  fought  our  men 
being  much  tired  newly  Com  of  the  Sea  «&  fastting  we  war 
not  in  Cappasety  to  pershew  them  in  to  the  Swampes  &  Con- 
sidring  thaire  Grate  number  we  only  kept  our  Ground  our 
peopell  sending  after  them  valeys  of  shott  &  Shouts  with  Ac- 
clamations of  victtory  &  wee  ware  answred  from  them  only 
with  silence  :  it  is  known  that  thaire  waire  A  grate  many  of 
them  Kill  d  &  woonded  by  seing  them  fall  &  all  soe  the 
Tresses  of  the  blood  whare  thay  had  lialld  them  away  wee 


OF   THE    STATE    OF   MAINE.  461 

Lost  some  men  of  ou'"  Sowldiers  &  the  Inhabitanee  &  some 
woonded  as  p*  Accomp*^   List  we  haue  Grate  Cause  to  Giue 
Glory  to  the  God  of  Aremeyes  whoe  Giues  Corrage  iu  the 
day  of  Battel!  for  naither  Death  woonds  nor  numbers  of  the 
Enemies  Did  at  all  Discorage  our  Braue  Commanders  nor 
Sowldiers  but  all  with  bowld  Coorage  &  undanted  Resolu- 
tion prosecuted  the  fight  &  the  Lord  of  hosts  apered  for  our 
deliuarance  Considiring  thaire  Grate  numbers  the  most  Dis- 
aduantages  place  to  us  &  our  Being  very  on  Prouided  for 
such  a  sudden  assalte  I  am  not  to  forGet  the  Corage  of  the 
Lihabitance  of  this  Towne  thay  marched  ought  valenterely 
with  the  first  maintained  the  fight  with  the  best  &  marched 
of  with  the  Last  behauing  them  selues  Like  men  willing  to 
defend  thaire  Country  as  in  all   Battalls  thaire  Are  soom 
apinted  for  the  soord  soe  in  this  we  Lost  some  &  otheres 
wounded  but  I  hope  most  of  those  that  are  wonded  if  not 
all  by  the  Blessing  of  God  may  Recouer  in  the  Euening  wee 
Got  horn  our  woonded  &  had  them  well  tended  &  allsoe  Got 
home  our  slaine  Drawd  all  our  sowldiers  to  Geather  nere 
the  fort  whare  wee  had  M^'  Ralphe  Return  thanks  unto  the 
Lord  for  our  Deliuarance  &  in  Giuing  us  Grate  Cause  to 
Acknowlig   his    Goodnes   that   in    our   first  enterprise   hee 
would  soe  smile  upon  us   &  fight  for  us  as  to  make  the 
Enemies  fley  before  us   all    Glory  bee    to    his    Grate    name 
whare  as  your  honours  was  pleased  to  Give  a  Good  Car- 
rectour  of  Capt   Dauis  I  doe   Asshure  you  it  is  what  he 
desarues  for  i  do  find  none  soe  Redey  with  all  diligence 
withought  any  warrines  day  &  night  to  sarue  the  Country  as 
all  soe  wee  Receiue  dayly  Kindnes  from  him  &  his  &  still 
thay  say  wee  are  hartely  Wellcom  he  haue  ben  &  is  still  a 
uery  Great  Listrument  for  the  uphowldiiig  these  parts  his 
Care  is  much  for  the  woonded  men  &  I  must  neds  say  for 
all  men  according  as  to  what  I  finde  I  haue  wright  in  an 
other  Letter  to  you""  honours  that  wee  may  not  want  full 
supploys  for  our    Sowldiers   as    clothing  &  what  may  bee 
nessery  for  them  that  thaire  may  bee   noe   Cause  of  Com- 


462  DOCUMENTARY   HISTORY 

plaints  Amongst  us  &  by  the  lielpe  of  the  Lord  wee  shall 
not  be  wanting  to  hazard  our  Lines  to  the  uttermost  in  this 
Good  Cause  wee  haue  Ingaged  vpon,  shoold  wee  wante  such 
iiessesereys  as  are  fitting  for  sowldiers  as  wee  are  Surcom- 
stanced  in  a  Cowld  Country  nere  the  wintere  the  Enimi 
Round  aboute  us  it  may  Cause  the  Lose  of  many  of  our  men 
I  hope  3^our  honours  will  Remember  the  Cry  that  Did  Ecoa 
the  Last  winter  from  Pemequid  &  ought  of  the  willdernes 
home  to  Boston  from  the  poore  Sicke  &  Dejdng  men  for 
Releife  the  Lord  Keepe  such  Creyes  from  the  Middest  of  us 
if  I  haue  Intruded  to  much  vpon  jour  patiance  in  present- 
ing you  with  these  Lines  i  was  willing  in  my  first  to  Giue 
you^  honor  a  full  accop*^  how  stood  matters  heare  &  for 
the  futer  shall  Indeauor  more  Breauety  &  att  present  desire 
to  bee  Excvsed  with  my  Due  Respects  I  subscrib  my  selfe 
your  Honour's 

Humble  sarvant 

Benjamin  Church/ 
I  woold  not  have  any  Discoriged  in  that  wee  Lost  soom 
men  i  Dowte  but  they  paid  fife  for  one  wee  Intend  to  folow 
them  Hoping  to  have  full  sattisfacttion  by  thaire  vtter 
Destrvcttion  which  God  Grant  in  his  Due  time  &  Giue  vs 
harts  to  beleue  &  Trvste  in  him  for  the  victtory/ 

22**^  at  night  a  cowncill  held  in  order  for  a  march  before 
day  in  Debatting  the  matter  on''  friend  Indians  Answered 
thay  ware  much  Discoreged  viz  thay  say  thay  finde  that 
which  was  promised  them  is  not  perforemed  first  not  Cloth- 
ing &  othr  nessere3'^s  2'^  not  finding  the  men  &  forses  that 
was  promissed  to  meete  here  &  the  enemy  being  Numeros  & 
very  Desparat  soe  i  was  frvstrated  of  what  I  did  in  tend 
&  what  I  shall  doe  except  more  fforses  bee  sent  very  spedily 
i  know  not :  Cap"  Willard  is  not  Com  here  as  itt  I  Have 
sente  a  Letter  to  him  But  noe  Answer  from  him  I  Here  his 
men  will  not  Com  if  I  had  more  men  when  wee  had  the  fight 
by  Gods  blessing  wee  might  have  Destroyed  the  enemy  at 


OF    THE    STATE    OF    MAINE.  463 

once  for  it  is  Reported  by  the  Englis  Cap"  ife  that  they  liad 
brought  thaire  Squass  &  Children  with  them 

Benjamin  Church/ 

"  Thes 
To  the  Honord  Simon  Brodstret 

Gouerner 

att  Boston 
p'-sent " 


Letter  from  Silvanus  Davis. 

forte  Loyall  1^' :  26'i^  1689 
8  a  Cloke  morning 
Honore<i   S'^ 

about  Tow  oners  After  my  Letter  was  seald  vp  a  post 
Came  from  Blacke  powinte  Giues  accomp*^  that  yesterday 
about  30  or  40  of  the  enemy  Attacted  m""  ffoxwells  Garison 
att  Blwu  pwinte  Kiled  2  youths  that  was  ought  of  said  Gari- 
son fired  one  house  Adjacent  &  1  shoolop  &  marched  of 
ou"^  Aremy  is  marched  away  Aboue  them  in  the  woods 
in  hops  to  bee  Aboue  them  to  finde  thaire  liead  quarters, 
the  maiue   Bodey    of  the   Enemy  is  Adjudged  to  bee  neer 

ou*"  Towne. 

Tliis  is  the  present  news  from  yo"*  Humble 

Sarvant  Silvanus  Davis/ 

"  p*"  m*"  Jno  Trevett 

Haste  post  Haste." 


464  DOCUMENTARY  HISTORY 

Letter  from  Sllvanus  Davis. 

fforte  Loyall  1^^  26*'^  1689  6  morning 
Honor^^^®  Jentellmen 

Thes  in  Humble  Submetion/  Com  to  Aquainte  yo^  Hono^'^ 
that  since  Major  Church  his  Laste  Letter  which  Gave  an 
Accompt  of  the  fight  wee  had  heer  with  the  Enemy  which 
was  vpon  the  21*^  of  this  Instant  as  soon  as  possable  hee 
Covld  fitt  his  men  hee  marched  ought  with  his  Army :  in 
said  march  he  discovred  the  Indian  path  (whare  it  is  sup- 
posed that  the  pene  Coke  Indians  did  com  to  Joyne  with 
the  Estren  Indians  in  that  fight)  the  English  march  was 
from  this  Towne  vp  to  Amocogen  Judging  that  might  bee 
the  Likelest  place  to  meete  with  the  enemy  thare  they  dis- 
covred the  Indians  had  bin  But  not  Latly  from  said  place 
the  Army  marched  Rownd  the  woods  Toward  pesumscott 
falls  in  hopes  to  discover  which  way  the  enemy  did  march 
of  After  the  fight  &  soe  Rownd  to  the  place  whare  the  fight 
was  in  the  march  :  it  was  discovred  parte  had  Gon  weste 
&  parte  to  the  est  ward  &  whare  the  fight  had  bin  they  found 
whare  the  Indians  had  carried  of  thaire  dead  &  fownde 
sevrell  things  they  had  scattred  as  Goon  Casses  2,  Large 
feathers  such  as  thay  have  from  the  french  for  thaire  Coman- 
der  to  ware  as  all  soe  bloodey  shorts  and  Lansses  with  sevrell 
othr  small  Things  which  Guifs  Grate  Grownds  to  beleve 
that  they  ware  Gratly  Damnified  in  the  said  march  thay 
fond  whare  thay  had  Murdred  Cap"  Brackett  &  Callped 
him  at  a  distance  from  the  place  whare  the  fight  was/  since 
the  fight  was  thare  have  died  of  the  woonded  men  one 
English  man  of  This  Towne  &  one  of  the  Majo'^s  Indians 
the  Rest  are  in  A  Likely  way  to  Recover  Majo"^  Swaine  with 
Majo'^  ffroost  &b  Majo''  Swaines  Life  Gard  Came  to  this 
Towne  23'^  of  this  Instant  whare  the  2  Comanders  had  a 
very  Loving  Correspondency  to  Geather  &  Conference  to 
order  matters  for  the  defence  of  the  Country  25*''  wensday 
the  Armey  was  Drawd  vp  in  order  for  a  march  it  Raind 


OF   THE    STATE    OF   MAINE.  465 

much  was  forst  to  Log  thaire  Areras  Late  in  the  After  noone 
post  from  Blacke  pownte  that  foxwells  Garison  at  Blewe 
pwinte  was  Ingaged  all  Though  it  was  very  Late  the  INIajo'^' 
Church  iudevorecl  to  bee  vpoii  a  march  toward  the  Enemi 
But  the  wether  was  soe  Bad  they  Coold  not  poosible  Keepe 
thaire  Arems  &  Amonetion  drey  and  all  soe  the  night  in  hand 
this  25*^:  Majo'"  Swaine  with  his  Comp  parted  from  this 
Towne  for  Blacke  powinte  &  soe  weste  this  26"*  mornino- 
Just  now  the  Army  is  marching  away  for  the  Reliefe  of 
Blu^  pwnte  -&  discovery  of  the  enemy  majo'"  Church  had 
not  time  to  wright  he  ordred  me  to  wright  to  yo""  hono"  hee 
desirs  soom  Gides  to  bee  sent  him  from  Boston  &  all  soe 
2  or  3  ferkins  of  Butter/ 

as  all  soe  other  Nesserys  for  which  the  Comessery  Wrights 
for/  noe  more  at  present  to  Troble  yo*^  Honors  Desiring  the 
Lord  to  bee  with  you  in  all  yo""  ways  I  subcrib  my  selfe 
Jentellmen  yo'^  most  Humble 

Sarvant   Silvan  us   Davis/ 

for  to  Be  sente  for  Gides  ^ 

Jn°  paine  I  or  the  Army  must 

Will  Denis  }  Ley  still  &  not  Goe 

Jn°  Hornebroke  l  else// 

Jn*'  Parker  ) 

Majo*'  Church  Indens  else  for  Kenibeck  Reche  &  peme- 
quid  as  soone  as  he  have  scowred  this  Bay : 


Letter,   Tho.  Scottow  to  Maj^   Benj.   Church  ^  others 

Scarborough  Province  of  Main  September  26"'  1689. 

Maj"^  Benjam"  Church 

Cap*   Joseph  Hall 

Cap*  Syllvanus  Davis 
Gentlemen,  By  Order  of  Maj  Swain  these  Come  to  Ac- 
quaint you,  That  this  Morning  we  had  an  allarm,  from  iXu\- 

wells  Garrison  Since  our  last  Post,  who  I  Suppose  gave  you 
30 


466  DOCTOIENTART   HISTORY 

the  Newes  of  the  Eiiiray  their  Killing  two  Ladds  or  Youths 
then  out  of  the  Garrison/  this  Morning  upon  s*^  Allarm 
Maj''  Swain  with  his  Company  of  horse  Rode  Up  to  the 
s*^  Garrison,  My  selfe  with  one  file  of  Musquett  -  went  up 
by  Water,  Upon  the  Maj'  Coming  Up  from  of  the 
Sand  to  the  Meadow  then  riding  up  the  River  at  low  water, 
the  Indians  fired  on  them  lying  behind  M""  ffoxwells  fence, 
but  they  Reciued  no  Damage,  only  one  horse  Shott  through 
the  Neck,  We  forced  their  Retreat  and  followed  them,  unto 
the  next  house  being  one  Curbees,  where  they  had  Just 
killed  three  or  four  Swine,  and  had  fired  the  said  house,  but 
we  Came  in  Time  to  Cuench  it,  they  were  forced  to  leave 
their  Baggage  or  Plunder  behind.  It  is  the  Maj'^s  desire  that 
your  self  would  please  to  prosecute  your  Intended  March 
from  Nonsuch  Point,  so  to  head  Black  p*  River,  and  Come 
on  them  Undescried,  Judging  them  to  Lodge  att  Dunstance 
or  thereabouts,  By  Reason  of  their  carrying  away  Corn  & 
Provisions  dayly.  Their  Number  Seen  at  ffoxwells  about 
forty.  Gentlemen  This  is  all  at  present  being  Obliged  by 
vertue  of  Maj"^  Commands,  craving  your  Prosperous  Under- 
takings in  this  Interprize,  Subscribe 
Nine  a  Clock  at  Night  Y""  Humble  Servant 

Tho:  Scottow 
Maj""  Church 

S'  I  Question  not  but  this  Enimy  may  be  mett  with  on 
the  head  of  our  River,  if  your  Self  will  please  to 
March  with  Expedition, 

T  S 
"  ffor  their  Majestj'-es 

//  Service  // 
To  maj'  Benjamen 
Church  at  ffallmoth 
These 

p'ent 
g  Ensinge  Jordan/  Q  D  C  " 


OF  THE  STATE  OF  MAINE.  467 

Written  on  page  2  of  foregoing  Letter  from   Tho :  Scottoiv. 

ffallmoth  1^'  30^1^  1689 

Wlien  this  poste  Came  to  towne,  which  was  vpoii  the 
27'^^  of  this  Instant  7^^"  Late  in  the  afternoone  Majo"^  Church 
was  Gon  vp  the  Bay  to  North  Yarmoth  &  the  Islands  &  did 
not  Cora  downe  before  the  28"^.  Late  in  the  evening  in- 
tending with  all  speede  to  fitt  for  a  march  for  Danston  & 
soe  in  p'  shute  of  the  enemy  Bat  the  29^"^  proved  very  fowle 
weather  &  now  at  the  wrighting  hereof  the  Majo""  is  exced- 
incr  sicke  &  all  soe  sevrell  of  the  offisers  But  Intend  a  march 
with  all  speed  posseble  here  is  nothing  of  newes  except  what 
is  with  in  spessefied  sense  our  Last  Letters 

g  Order  —  thes  from  yo"^  Sarvant  Sitt    Davis 


Falmouth  1^^  30'^  1689 
To  the  Honored  Simon  Bradstreet 

S""  the  last  motion  of  the  Army  was  by  watter  up 
towards  North  Yarmouth  on  ffriday  last  and  returned 
againe  on  Saterday  at  Night,  they  made  no  discovery 
of  Indians,  they  marched  pretty  hard  on  Shore  at  w"^ 
time  Major  Church  took  Cold  and  is  now  very  111  & 
hath  had  a  feavor  all  last  night  and  is  this  morning 
under  the  Operation  of  a  Vomit,  w«*^  I  hope  may  work 
a  good  effect.  Severall  of  our  men  are,  also  111  of 
Colds,  fevors,  loossness  &c,  here  is  great  want  of  Some- 
thing coumfortable  for  the  Sick,  both  Cordialls,  and 
other  Sutable  Nessecaryes  w*^'^  wee  hope  yo-^  lloiior.s 
will  Send  a  Supply  of  p  the  next.  Something  more  of 
warm    cloathing  is  also   Expected  as  Bkmkets    &c    of 


468  DOCUMENTARY   HISTORY 

w*=^    gave     a     rude     acco*    g  the  last,  S'  I  have  not  time 

farther  to  Enlarge  but  Subscrib  my  Selfe 

Cap*  Hall  &  Cap*  Basset        Your  Honors  humble  Serv* 

have  been  both  111  but  I  Joseph  Prout 

hope   are   now  Somthing 

better 


Letter  Rachel   Whitmore  to   Crov.  Simon  Bradstreet. 

To   the    Hon*^^^^  Simon   Bradstreet   Esq""  Govern'' 
and  the  rest  of  the  Hon'"'^^  Magistrates  now  sitting 
in  Boston 
The  humble  Petition  of  Rachell  Whitmore  wife  of  John 
Whitmore 
Whereas  your  Petitioners  husband  was  impressed  into  the 
Countryes  Service  ag*  the  Indian  Enemy,  and  is  now  with 
Maj^  Swayne  at   Newechawanick,  and   your  Petition""  and 
her  two  children  are  very  weake  &  ill  and  unable  to  help 
our  selves,  and  do  any  thing  for  our  Relief  and  the  rest  of 
the  family,  as  severall  of  the  Neiglibours  can  and  have  in- 
formed yo"^  Hono^'^ 

Doth  therefore  humbly  request  the  favour 
from  yoar  Hon"^*  that  her  husband  John  Whit- 
more may  be  dismissed  the  present  Service,  and 
that  your  Hon^^  would  please  to  pass  yo""  Order 
for  the  same  that  he  may  returne  to  his  sick 
family  and  yo"^  Petitioner  shall  as  in  duty 
bound  ever  pray  &c 

Rachel  Whitmore/ 


\ 


OF  THE  STATE  OF  MAINE.  469 

Letter  of  Jeremiah  Swain  to   Gov.  Bradstreet. 

Newechewonock  Salmon  falls  in  Barwick 

Octob'^  4*'^  89  att  5  of  y«  clock  in  y«  afternoone 
Hon,,    S- 

After  y®  tender  of  my  humble  Service  to  yo"^  Hon''^  these 
are  to  acquaint  yo""  selues  y'  I  with  a  small  troope  with  me 
consisting  of  39  gsons  taking  with  me  Capt.Willard  &  Capt. 
Convers  wee  advanced  toward  Casco  17**^  of  Sept.  last  & 
upon  or  march  found  y*'  people  att  Saco  Black  point  &  Blew 
point  in  a  pore  expos'd  condition  uppon  y®  knoledge  thereof 
wee  were  forc't  to  divide  Capt.  Willards  into  six  parts  for 
y^  present  &  so  wee  advanced  to  Casco  where  we  had  a  rela- 
tion of  w*  w^  done  there,  an  account  of  w'^'^  yo"^  Hon''^  wee 
suppose  haue  had  from  Maj'  Church 

Then  my  self  with  about  35  marched  into  y®  woods  with 
Maj^'  Churches  fforces  about  18  or  20  miles  out  &  home  but 
could  finde  none  of  y^  Eniray,  y®  next  daye  wee  receiued  a 
post  from  Black  point,  Signifying  y*  y®  Garrison  att  Blew 
point  w*  attact  att  M*' ffox wells  house  where  a  young  man 
w^  Slayne  &  a  lad  taken  Captiue,  wee  came  over  Casco 
ferrie  in  y®  night  &  ridd  to  Black  point  y®  same  night,  forth 
with  sent  a  partie  of  horse  to  understand  their  condition  att 
Blewpointbutt  could  notcome  att  y™  by  reason  of  y®  tides,  & 
y*^'  canoes  were  taken  from  y*'  banks  by  y°  Enimy  as  we  suppos'^ 
y*'  night  before.  I  therefore  tooke  a  sloope  &  put  a  board 
about  30  men  &  Sayled  up  y®  river  to  see  if  I  could  under- 
stand their  condition,  y''  vf'^^  w"  Wee  understood  by  advice 
of  y®  Captaines  with  mee  wee  all  mounted  &  with  much 
difficulty  w"  y®  tide  Served  wee  all  gott  over  y"  Rivers  but 
before  wee  come  there  about  Sun  rise  y®  Enimy  had  attackt 
y*^  Garrison  againe  being  a  remote  place  &  weake  handed,  & 
w°  wee  come  on  Blew  point  Side  wee  espied  y"  Enimy  Ac 
perceived  yy  had  arabusht  us,  where  uppon  wee  were  forc'd 
to  lead  o""  horses  up  y°  bank  on  y*''  marishes  for  wee  had  no 
other  waie  to  moue  except  wee  had  gon  right  back  againo 
yc  ^v^i^  )jy  yc  help  Qf  Ood  wee  resoluYl  not   to  do,  upon  y« 


470  DOCUMENTARY  HISTORY 

marsh,  wee  mired  all  o^  horses,  broke  o'"  tackling  where 
y**  Enimy  made  Shot  uppon  us  &  wounded  several  of  o'' 
horses  but  thr'u  mercy  not  one  of  o""  men  liurt,  &  after  wee 
had  securd  o'  horses  under  y®  Garrison  wee  Sallied  out 
after  y®  Enimy  on  foote,  y®  ground  being  disadvantagius  to 
y®  hors,  but  wee  understanding  their  ambushments  beat  y™ 
up  made  shot  att  each  other  a  considerable  time,  &  tho' 
some  of  o"^  men  narrowly  Escaped  yet  God  so  ordered  it 
y*  none  of  us  w^  wounded  or  hurt,  neither  do  wee  know 
whether  any  of  y®  Enimy  w^  hurt,  yet  there  w^  a  great  out 
crie  w"^  f^  called  off  their  men  where  uppon  'tis  supposd 
some  might  be  hitt  y^  mov'd  awaie  with  all  Speed,  wee  fol- 
lowed y""  a  mile  or  two,  &  tooke  from  y™  48  Sheepe  a  line, 
4  dead  swine,  found  a  pore  mans  house  on  fire  where  all  his 
corne  w%  wee  put  out  y®  fire  Sav'd  his  corne  &  returnd  to 
y®  Garrison,  &  found  y®  lad  w'''^  w*  slayne,  &  brought 
him  thither,  &  procured  part  of  Capt.  Willards  men 
to  Strenthen  y^  Garrison  w'^'^  w^  by  y^  consent  of  Maj"" 
Church  before  wee  come  from  Casco,  y^  attending  y®  tide 
wee  rid  in  y®  night  to  Saco  &  Strenthned  their  Garrisons  & 
so  return'd  to  o^  head  quart's  y*'  28  Sept :  in  y®  night  where  I 
received  an  account  of  y®  officers  of  y®  several  companies  of 
their  Scouting  gathering  of  corne  bringing  in  haye  &^.  & 
y°  sent  out  such  of  o*"  men  as  had  cloathing  about  120  Capt: 
Gardner  with  40  to  Oister  River  Lieu*  fflag  with  30  to  Wen- 
nipesockee :  &  about  30  of  Capt.  Con  vers  &  about  30  of  Capt : 
Wiswall  to  Bonniveage  Pond  w''^  stayd  out  3  daj^es  &  2 
nights  but  could  finde  none  of  y®  Enimy  nor  where  y^  had 
lately  binn,  I  should  haue  told  yo'  Hon'^  before  y*  there 
w^  about  50  or  60  Indians  y*  ingaged  us  att  ffoxwells 
Garrison. 

This  very  hour  I  received  advice  from  Capt  Willard  y* 
two  of  his  men  &  a  Garrison  soldier  w*  surprised  by  y®  En- 
imy att  Saco,  his  two  men  are  found  dead  &  y^  other  lost, 
yy  were  all  three  fetching  up  a  fatt  beast  within  sight  of 


OF  THE  STATE  OF  MAINE.  471 

y^  Garrison  but  on  _y*^  contraiy  side  of  y®  river,  y«  Indians 
call'd  to  y®  Garrison  told  y^  y*  yJ'  would  goe  up  to  y*'  falls 
&  burne  y^  mills  &  y^  fort,  Sooue  after  yy  Saw  great  fires 
3'*  waye,  wee  intend  to  make  out  after  y'^,  this  is  y®  suiTi  of 
y®  newes  att  present,  M"^  Benj.  Backworth  is  come  into 
ye  i-iver  y®  CoiTiissory  has  received  his  invoice,  by  w*''^  wee 
perceiue  y^  we  shall  stand  in  great  need  of  more  Shooes  & 
Stockins  &  all  Sorts  of  Cloathes  &  three  or  four  peeces 
duffalls  because  y®  English  as  well  as  y®  Indians  desire 
blankits  to  lie  in,  in  y*'  woods  wee  haue  great  neede  of  a 
Chyrurgeon  for  many  of  o*"  Soldiers  are  out  of  order,  by 
reason  of  lameness  Sickness  &c.  Except  you  haue  provided 
other  waise  wee  judge  Lieu*  Prescot  of  Conchord  to  be  a 
very  meet  person  &  willing  to  come,  you  promissed  to  send 
us  up  a  minister  but  none  coining  wee  procured  M"^  Jn° 
Emerson  who  has  biii  helpfuU  to  us  ever  since  wee  come  up 
&  are  sattisfyed  in  his  help  so  y*  you  neede  not  trouble 
yo'^  selues  to  send  a  nother  Wee  haue  had  a  great  deale  of 
trouble  in  setling  of  Garrisons  by  reason  of  y®  refractoriness 
of  some  persons  too  large  here  to  giue  yo^  Hon'"s  a  particu- 
lar account  of.  Sudden  business  coming  upon  us  Wee  Craue 
yo''  Hon'"s  pardon  for  breaking  of  so  abruptly  desiring  yor 
prayers  att  all  times  I  rest  yo'^  Hone's  most  humble 

Servant  att  coiTiand 

Jer:  Sweyne/ 

"  For 
The  hon'"'^'  Symond  Broad 
street  Esq'  Govern""  of  y*^ 
Colony  of  y®  Massathusets 
&  Councill 


Hast  Post  hast. 


472  DOCUMENT AEY   HISTORY 

Memorandom. 
duffals  4  peices  two  peices  of  Red  Gotten  20  axes  30 
hatchets  more  shoos  &  stockins  and  all  sorts  of  Cloaths  for 
our  men  are  almost  naked:  more  Rhum  to  be  Used  about 
persons  y*  are  111,  to  be  applyed  Externaly  &  Internaly  60 
men  to  keep  Garreson  at  black  &  blew  point  Salco  and  win- 
ter harbor  &  wells  y*  Cap  Willards  men  may  be  released, 
for  he  is  much  wanted,  If  he  be  drawn  off  those  places  must 
be  thrown  away. 
Chees  is  convenyent   to    Carry   into   y®  woods:   lether   for 

Indian  Shoos,     pray  let  this  be  minded. 

Jer  Sweyne/ 

Some  men  are  Sick  &  lame  some  released  by  yow  selues 

Some  were  wanting  from  y®  first  Coming  out  our  compan3^es 

are  very  lame  to  march  to  y«  head  quarters     If  we  can  have 

where  y^  be  pray  lett  vs  haue  a  supply  to  fill  vp  our  Com- 

panyes 


pray  send  a  few  shoe  nails 


Jer  Sweyne 


i 


Letter  from  Maj"  Benj.   Church.  m 

Octob'  7*^  1689  ffallraoth 
Honor'^^ie  Gentellmen 

Thes  Com  to  Aquainte  yo'  Hono's  that  sense 
my  Laste  sent  to  you  I  Have  bin  Scowting 
Both  este  &  Weste :  but  Cannot  make  Dis- 
covery of  Any  Boddy  of  the  enemy  only  soom 
few  scvlkin  Roges  which  wee  Cannot  meete 
by  an}'  means :  I  Judge  the  Boddey  is  Gon 
este  which  I  cannot  folow)  for  wante  of  Gides 
here  Are  none  that  Are  Aquainted  to  the 
estward  of  Casco  Bay  Tharefore  on'  Armey 
is  quite  Discoriged  both  Engles  espeshiall  the 
Indians  first  yo''  not  sending  more  forsses  ac- 
cording to  promis  &  all  soe  Able  pilots  for  the 


OF  THE  STATE  OF  MAINE.  473 

woods  that  wee  may  march  vp  Ammoroogon 
Riuer  &  Kenibecke  Riiier  other  ways  we  shall 
bee  wholly  frestrated  all  soe  wee  suffer  exced- 
ingly  for  wante  of  clothing  &  all  nessecerys  if 
full  suploys  Cora  not  with  all  speede  wee  shall 
be  forst  to  draw  of  for  I  Cannot  Bare  the 
Complaints  that  Are  dayly  made  to  mee  for 
wante  of  thoes  nesserys  that  shoold  bee  pro- 
vided for  them :  wee  wante  an  other  able  Doc- 
tter  tO'  bee  sente  &  All  soe  soom  medesonns 
for  sicke  &  woonded  men.  pray  bee  plesed  to 
Consider  the  straights  &  nessecetys  that  wee 
are  at  for  wante  of  such  suploys  that  may  bee 
had  in  the  Cowntry  if  thare  was  Care  to  send 
it  which  if  speedy  Corse  bee  not  Taken  to  send 
a  full  suploy  the  Country  i  mene  thes  parts  will 
bee  whooly  dissarted  I  doe  Admire  here  have 
bin  noe  vessell  from  yo"^  Honors  before  this  time. 
Gruefs  Grate  Cans  to  suspect  that  wee  Are 
all  to  geather  slitted  bee  pleased  to  Consider 
the  p'^misses :  as  to  Give  you  an  accp'  of  my 
prooseedings  I  Have  bin  marching  dayly 
toward  Saco  west  &  vp  the  Bay  est  as  far  as 
North  yarmouth  &  Hunted  abought  the  Islands 
&  am  now  sending  a  vessell  to  the  estward 
vpou  discovery  my  selfe  am  Intended  a 
march  to  the  westward  if  by  Any  means  wee 
may  discover  the  ways  of  the  enemy  &  when 
discovered  shall  Indever  to  folow  them  ])ro- 
vided  wee  may  have  such  nessecerys  that 
men  may  bee  Incoridged  &  that  Thees  dayly 
Complaints  that  are  amongst  vs  for  want  of 
Reelife  may  bee  prevented  it  will  bee  my  (irate 
Griefe  if  I  shoold  bee  Disapoynted  &  Disarted 
Through  wants  tliat  I  Cannot  Doe  that  sar. 
vice    for     The   Country   as   I  bhoold   Gladly 


474  DOCUMENTARY   HISTORY 

Doe,  but  I  shall  Iiidevo''  To  Discharge  my  Duty:  the 
Inhabitauce  Here  Are  Recly  to  Assist  to  thaire  power 
but  alass  poore  people  thaire  Longe  Keeping  Garison  base 
quite  wore  them  ought : 

Gentell  men  pray  Consider  ray  Condetion  &  the  Greefe  i 
am  in  to  heere  dayly  Complaints  made  to  mee  by  the  poore 
sowldiers  Crying  ought  thay  shall  bee  starved  for  want  of 
Clothing  &  Loging  Through  wants :  ou'^  men  are  dayly 
Taken  sicke  m''  prowte  Gruefs  yo'  Honor's  a  pertecvler  ac- 
c°p*  of  what  to  bee  sent  thare  fore  i  only  wrighte  in  Jenerall 
espeshiall  for  Gides  a  docto'  &  medesons  for  sicke  & 
wonded  men  i  mene  Good  Cordialls  &  Inwards  Comforts 
Hoping  to  Receve  full  suploys  to  Answer  the  premeesses  I 
Take  Leve  To  subscrib  my  selfe  yo""  Honors 

Humble  Sarvant 

Benjamin  Church/ 
Sill  Davis  as  Bownd  in  Duty 

presents  his  Humble  sarvis 
To  Yo'-  Honou'-s// 


In  answ'"  to  the  Motion  &  request  of  Nath"  Hancock  & 
Ri :  Dana  of  Cambr,  that  some  releife  might  be  afforded  them 
as  to  the  Servant  of  the  one,  &  Sonn  of  the  other  that  haue 
been  many  weeks  Garrison  Soldijers,  The  Couiittee  of  the 
Militia  for  y®  Town  are  ordered  to  send  some  other  meet 
persons  in  their  room  &  stead,  that  they  may  be  orderly 
released./ 


OF   THE   STATE    OF   MAES^E.  475 

Petition  of  John  Loder. 

To  the    Hono'^  Gov''  and   Council 
and  Representatives  sitting  in  Boston 

The    Humble    petition    of   John  Loder  of  Charlestown, 
Sheweth 

That  yo'"  Petition'  being  impressed  into  the  Countries 
service  in  the  late  Expedition  to  the  Eastward  against  the 
Indians  &  his  condition  and  Employment  being  such,  that 
his  personal  attendance  upon  that  Service  would  have  been 
his  utter  ruine,  in  complyance  with  the  then  necessity  of 
affaires,  and  that  his  Example  might  encourage  others,  yo'^ 
Petition'"  took  care  to  provide  a  man  to  serve  in  his  room, 
Avhose  name  was  W"^  Fletcher,  who  was  compleatly  fitted, 
with  clothes,  fire  Arms  &  Ammunition  at  yo'"  Petition"^^ 
charge,  besides  a  Sum  of  money  paid  him  by  yo'  Petition''. 
And  forasmuch  as  the  said  W""  Fletcher  dyed  in  his  return 
from  the  said  service,  Yo''  Petition'^  cannot  recover  either 
Arras  or  clothes,  and  the  Committee  refuse  to  grant  him 
order  for  his  wages,  because  his  Cap*  James  Convers  had 
granted  a  Certificate  before  (this  now  granted  to  yo"^ 
Petition''^  to  the  said  Fletcher  upon  his  return  home, 
v,'^^  (he  dying  in  the  Province  of  New  Hampshire)  yo' 
Petition''  cannot  procure./ 

Yo""  Petitition''  therfore  Humbly  prayes  yo''  Hon- 
o"  to  consider  the  p'^mises,  and  to  issue  out  such 
orders  as  may  relieve  yo'  Petition"",  that  he  may 
receive  what  wages  are  justly  due  to  him,  and  may 
have  due  recompence  for  the  loss  of  his  Arms./ 
And  yo*"  Petition''  shall  ever  pray  &g. 


i 


INDEX. 


Abn'aquixois,  Les,  433. 
Acadia,   coast    of,    142,    422;     dis- 
covered by  the  English,  197,  232, 
23(5;  ships  sent  to  capture,  198; 
restored  to  France,  198,  233,  234 ; 
boundary  of,  199,  211,  242;  memo- 
rial about  the  restitution  of,  199, 
200;  granted  to  the  Company  of 
New  France,  199;  claims  of  the 
Kirks,  232-240;  du  Mont's  usurp- 
ation, 232,  233;  given  to  Alexan- 
der, 2.33;  captured  by  Kirk,  233, 
2.34;    in   Alexander's   po.ssession, 
2-34;  Sedgwick  sent  to,  236;  Eng- 
lish  title  to,   240-242;    ceded   to 
France,    241;    products    of,   242; 
best    place   for    fishing   in,   423; 
mentioned,  142,  237,  254,  436,  437. 
Acad  is,  see  Acadia. 
Accomenticus    I  summons    to    the 
Aggamenticus   )  people  of,  31,  32; 
commissioners  at,  32;  court  held 
at,  32,  33,  248;  submitted  to  Mas- 
sachusetts, 33,  35,  61,  62;  officers 
of,  33;  grant  to,  35,  36,  63;  to  be 
called  York,  .35,  63;    court  to  be 
held  yearly,  35;  people  of  not  to 
serve  in  general  training  out  of 
the  county,  35;   to  have  bounds 
to  set  out,  35,  36;  people  of  en- 
croached on  the  rights  of   Capt. 
John    Mason,    91,    95;     Godfrey 
governor  of,  95;  division  of  land 
at,  421,  422;  mentioned,  19,  20,  28, 
30,  61,93. 
Adams, 
Philip,  31,  62,  127. 
Samuel,  127. 
Adger,  Thomas,  346. 
Aggamenticus,  see  Accomenticus. 
Aishlee,   Will,   signed    petition   to 
Massachusetts    General     Court, 
219;  see  Ashley. 
Alcock,  Dr.,   purchased   Block  Is- 
land,  287;    submitted  to   Rhode 
Island,  287. 
Alcocke, 
Job,  3(i6,  370.  396. 
John,   submitted    to    Mnssachu- 
setts,  62;  signed  petition  to  the 
General   Court,  126;  his  grant 
from   Godfrey  confirmed,   J 27; 
signed   petition   to  Cromwell, 
141;  mentioned,  33,  34. 


Joseph,   acknowledged  jurisdic- 
tion of  Massachusetts,  62;  dep- 
osition of,  107;  mentioned,  .34. 
Samuel,  submitted  to  Massachu- 
setts, 62;  mentioned,  34. 
Alcott,  John,  33. 

Alexander,   Sir  William,  to  assist 
La  Tour,  195,  2.53;  received  grant 
of  Nova  Scotia,  195,  196,  253;  his 
widow   married  to  Blount,   196; 
sent  ships  to   Nova  Scotia,  198, 
241);  Acadia  granted  to,  233;  in 
possession  of  grant,  234.  iiee  also 
Stirling,  Earl  of. 
Alger  I  Andrew,    signed    petition 
Auger  5  to  Massachusetts  General 
Court.  48  ;  killed  at  Falmouth, 
454;  mentioned, 5,  168,306,  349. 
Arthur,  48,  217,  315. 
Arthur  jr.,  acknowledged  juris- 
diction of  Massachusetts,  156. 
goodwife,  168. 
Matt.,  349. 
Allansou,  Ralph,  148. 
Ameradeath, 
John,  311. 
John  jr.,  311. 
America,  1,  2,  3,  10,   98,    144,   153, 

154,  197,  199,  232,  242,  251,  386. 
Amocogeu  River,  404,  473. 
Amoa,  Capt.,  452. 
Andrews, 

James,  308,  325,  349,  413. 
James  jr.,  349. 

John,   acknowledged   the   juris- 
diction  of    Massachusetts,   22, 
41 ;  signed  petition   to  Parlia- 
ment,  45;   deposition   of,    112, 
113;  mentioned,  :i5. 
Samuel,   found    the    position   of 
the  Merrimac,  226,  227;  in  gar- 
rison at  Falmouth,  349. 
Mr.,  445. 
AndrosH,  Sir  Edmund,  sent  a  party 
to  Pemaquid,  .'!78;  imposed  cus- 
toms on  tisiiernun,  378;  letter  to 
Rawson,  376,  377;  grant  to  Ky- 
furd   and   others,  386-38S;  mano 
trouble     in    Maine,    397;     men- 
tinned,  440,  413. 
Angol,  the  sign  of  the,  15.3. 
Anger,  Sampson,  34,  63,   141,    311, 

:i92. 
Anger's  creek,  411. 
Aquedahtan,  tlie  head  of  the  Mer- 
limac,  18,  227. 


478 


DOCUMENTARY   HISTORY 


Archdale,  John,  186,  187,  188. 

Arcbimagau,  424. 

Aifjal,  yir  Samuel,  233. 

Arkeno,  Samuel,  157. 

Arlington,  Lord,  letter  from  the 
king's  commissioners  to,  2G1-264; 
letter  from  Sir  Kobert  (Jarr,  and 
Samuel  Maverick,  272-275;  men- 
tioned, 202. 

Arrowsic,  837. 

Arrowsic  Island,  387. 

Arthur,  John,  53,  54. 

Ashley, 
Thomas  jr.,  337. 
William,  172,  392. 

Asshwortli,  Mr.,  1.53. 

Atherton,  Humphrey,  164. 

Augar,  see  Alger. 

Austin, 
John,  444. 

Samuel,  acknowledged  jurisdic- 
tion of  Massachusetts,  7-5,  85; 
signed  petition  to  Cromwell, 
140;  signed  petition  to  the 
General  Court,  219. 

Averret,  William,  25. 

B 

Babb,  Philip,  acknowledged  juris- 
diction of  Massachusetts,  41;  ap- 
pointed constable,  24,  42,  43,  53; 
mentioned,  52,  54. 
Bachelor,  the,  106. 
Bachiller,  Mary,  submitted  to  Mas- 
sachusets,  22 ;  lived  at  Kittery,  25. 
Back  cove,  440,  441, 
Backworth,  Benjamin,  471. 
Baiel, 

Arthur,  311. 
John,  311. 
Baker, 
John,  gave  bond  in  the  case  with 
Howell,  77,  92;  accused  of  dis- 
turbing the  peace,  77;  gave  a 
Ijond,  78,  92;  submitted  to  Mas- 
sachusetts, 84,  88;  mentioned, 
72,  149. 
William,  .387,  388. 
Ball,  Richard,  73,  82,  83. 
Balle,  John,  341. 
Balson,  John,  392. 
Baltic  Sea,  154. 
Bancks  ) 

Bankes  [  John,  356,  392. 
Banks  ) 
Eichaid,  acknowledged  jurisdic- 
tion of  Massachusetts,  63; 
signed  petition  to  General 
Court,  126;  Godfrey's  grant  to, 
confirmed,  127;  signed  petition 
to  Cromwell,  141;  mentioned, 
34,  311,  370. 


Baptized,  children  to  be,  2.55. 

Barbadoes,  trade  with  ihe,  295. 

Barberries,  298. 

Barefoot, 
Dr.,  312,  313. 

Captain  Walter,  a  troublesome 
person,  328,  334;  complained 
of  328,  329. 

Bark,  see  Bachelor,  the. 

Barkley,  Francis,  196,  197. 

Barlow,  George,  submitted  to  Mas- 
sachusetts, 80,  86;  lived  at  East 
Saco,  87;    forbidden  to    preach, 
73,  S3. 

Barons  of  Nova  Scotia,  2.53. 

Barren,  George,  392. 

Barret, 
John,  submitted  to  Massachu- 
setts, 72;  signed  petition  to 
Cromwell,  140;  signed  petition 
to  the  General  Court,  219;  men- 
tioned, 74,  172. 
John  jr.,  acknowledged  jurisdic- 
tion of  Massachusetts,  75,  85. 

Bartholomew,  Henry,  commis- 
sioner, 14,  15. 

Bartley,  William,  deed  from  Shap- 
leigh,  9,  10;  consideration  of 
deed,  10. 

Barton,  Edward,  345,  348. 

Barwick,  323,  469. 

Bass,  426. 

Basset,  Capt ,  468. 

Batcheller,  .see  Bachiller. 

Bateman,  Edward,  336. 

Batson,  Stephen,  acknowledged 
jurisdiction  of  Massachusetts, 
84,  88;  lived  at  Cape  Porpoise,  89; 
signed  petition  to  Massachusetts, 
217. 

Batt,  Christopher,  311. 

Battle  at  Falmouth,  men  killed  and 
wounded  in  the,  454;  described, 
459-463. 

Baye  de  Chedabouctou.  422,  423. 

Baye,  Franeoise,  142,  A2t-i2o. 

Baj'lie, 
Elizabeth,  called  a  witch,  168, 169. 
Jonas,   submitted   to  Massachu- 
setts, 156;    his  wife  called    a 
witch,  168,  169;  signed  petition 
to  the  General  Court,  170. 

Bayly,  Richard,  acknowledged  ju- 
risdiction of  Massachusetts,  41. 

Beanten,  George,  lived  at  York,  34; 
submitted  to  Massachusetts,  62. 

Beard,  Aaron,  346. 

Beate,  Arthur,  .391. 

Beaubassiii,  424. 

Beaver  trade,  299,  402. 

Beckes,  M.,  149. 

Beech  trees,  426. 

Bell,  Mr.,  153. 


INDEX. 


479 


Bellinehara,  Richard,  11,  20,  G7.  69, 
71,  7;^,  79.  9;],  124. 

Bennet,  Sir  Heury,  264,  282,  283. 

Berrie,  Ambrose,  ackuowledgcd 
jurisdictiou  of  Massacluusetts,  SS; 
lived  at  Cape  Porpoise,  SO. 

Bertbelon,  iM.,440. 

Berry.  Thomas,  killed  at  Fal- 
mouth, 454. 

Berwick,  328,  469. 

Bessell,  Johu,  346. 

Biard,  2;«. 

Bickford, 
Andrew,  387,  388. 
Beujamiu,  .54. 
George,  345. 
Johu,  54. 

Lawrence,  387,  388. 
Thomas,  311. 
Wdliara,  245,  387,  388. 

Bickton,  Waymoutli,  311. 

Bigford,  see-  Bickford. 

Bilberries,  29S. 

Billing,  John,  104,  108,  340,341. 

Billington,  John,  311. 

Birch,  John,  69. 

Bishop,  Jobn,  387,  388. 

Blnck,  Gerom,  349. 

Black  Point, 
acknowledged  jurisdiction  of 
Massachusetts,  156,  157;  to  be 
included  in  Scarborough,  158; 
mentioned,  G,  203,  258,  300,  314, 
315,  378,  421,  44.5,  463,  465,  469, 
472. 
river,  466. 

Blacksrone,  William,  4. 

Blake,  Tbomas,  164. 

Blount,  Col.,  married  widow  of  the 
Earl  of  Stirlmg,  196. 

Blue  Point,  acknowledged  juris- 
diction of  Massachusetts,  157;  to 
be  included  in  Scarborough,  158; 
mentioned,  444,  463,  465,  469,  472. 

Boade,  Henry,  peiition  to  General 
Court,  48,  49;  acknowledged  jur- 
isdiction of  Massachusetts,  75, 85; 
ordered  to  desist  from  asserting 
his  religious  opinions,  78;  signed 
petition  to  Cromwell,  140;  men- 
tioned, 72,  7(!,  77,  90. 

Boards,  trade  in,  428. 

Boden, 
Ambrose,  acknowledged  jurisdic- 
tion   of     Massachusetts,     157; 
signed  petition  to  thu  king,  31 1. 
Ambrose  jr.,  acknowledged  jur- 
isdiction of  Massachusetts,  157. 

Bolles,  Joseph,  submitted  to  Mas- 
sachusetts, 72;  mentioned,  74,  77, 
90,  172. 

Bon  Content,  La,  captured  the 
Mary  Fortune,  198,  241. 


Bond,  George,  34. 
Justice,  448,  449. 
Nicholas,  63. 
Bonniveage  Pond,  470. 
Bonython,  see  Bonighton,  Boniton. 
Jolin,  lived  at  East  Saco,  87;  re- 
fused to  appear  at  Boston,  130; 
to  be  seized,  131-134,   137;  de- 
clared a  rebel,   136;    acknowl- 
edged  jurisdiction  of    Massa- 
chusetts, 157. 
Riciiard,  received  grant,  1-4;  ex- 
tent of  grant,  1,  2;  considera- 
tion of  grant,  2,  3;  witnessed 
and  delivered,  4. 
Booth,    Eobert,    given    liberty    to 
preach,  73,  83;  submitted  to  Mas- 
sachusetts,  80,  86;  lived  at  West 
Saco,    86;     signed    petition    to 
Cromwell,    140;    mentioned,    81, 
82,  91. 
Boren,  George,  341. 
Bore's  Head,  322. 

Boston,  6,  7,  9,  13,  18,  20,  31,  38,  39, 
42,  51,  53,  58,  .59,  61,  65,  68,  69,  98, 
101,  103,  107,  116, 118, 121, 124,  127, 
130-133,  136,  137,148. 150,  151.  153, 
155,  15S  160,  164,  171,  iSS,  210,  215, 
218,  226,  256,  261,  264-268,  272,  273, 
275,  276,  279,  281, 282, 287-290,  292, 
2i^4-2vt6,   298,   30i»,    314,   316,  321, 
323,  329,  33(?,   339-341,    343,   344, 
349,  350,   355,   357-360,  362,   371, 
381,  392,   393,  397,  409,  41.5,   416, 
423,    433,   436-438,   441,  443,  446, 
450,  452,  453,  463,  465,  408. 
Boston ers,  309. 
Bostonets,  151. 
Boules,  see  Bolles. 
Bourgrade,  423. 
Brackett, 
Anthony,    killed   at    Falmouth, 
451,  4''>4;   mentioned,  311,  353, 
400,413,  416-418,  i55,  460. 
Thomas,  353. 
Bradaway,  Richard,  346. 
Bradbury,  Thomas,  55-57. 
Bradford,  Nathan,  311. 
Bradstreet,  Simeon,  commissioner, 
11  ;  petition  to  (Toneral  Court,  70; 
granted,  71;   letter   from   J'rnnt, 
4(57,  4iiH;   from  Jeremiaii   Swain, 
469-471;    mentioned,    13.    20,    21, 
23,  24,  2S,  31,   32,   37,  39,  40,  61, 
62,  64,  66,  67,  69,  181,  463,  468. 
Bragdon, 
Arthur,  submitted  to  Massachu- 
setts, (i2;  signed  i)otition  to  the 
GiMieral  Court,  126;  nioutiouod, 
33.  31,  .300. 
Arthur  jr.,  210,215. 
Emanuel,  215. 
Thomas,  311,  302. 


480 


DOCUINIENTART   HISTORY 


Brames,    Andrew,    submitted    to 

Mas.xacliiisetts,  156. 
Branihall,  Georse,  wounded  at  Fal- 
mouth, 454;  mentioned,  416-418. 
Brand,  Michael,  23,  40. 
Braue,  John,  311,  391. 
Brattle,  Capt.  Thomas,  398. 
Brauuson,   George,  deposition    of, 

107,  108. 
Bray, 
Kichard,  desired  jurisdiction    of 
Massachusetts,  316 ;  meutioned, 
311. 
John,  334,  335,  3-38-340. 
Bream,  John,  387,  388. 
Breedon,  Capt.,  257,  273. 
Breredon,  William,  farm  in  Ehode 
Island,    287;    farm    within     the 
limits  of  Plymouth  Colony,  287; 
desired  to  be  included  in  Khode 
Island,  287. 
Bretnell,  John,  54. 
Brian,  Richard,  217. 
Brimhall,  see  Bramhall. 
Broadstreet,  see  Bradstreet. 
Brochamial,  440. 
Brockase,  Capt,  -377. 
Brocke,  John,  129. 
Brokus,  447. 

Brodstreet,  see  Bradstreet. 
Brou,  Hypollite  de,  432. 
Brooke, 
Lord,  284. 

Mr.,  to  settle  dispute   between 
Godfrey  and  York,  123. 
Broughton, 

George,  70, 134,  396,  405. 
Thomas,  grant  from  Kittery,  12; 
purchased  the  same  from  Spen- 
cer,   12;    petition    to    General 
Court,  i3. 
Brown, 
Andrew,  170,  315. 
Francis,  345. 
John,  440,  441,  445. 
Thomas,  wounded  at  Falmouth, 

4.54;  mentioned,  448-451. 
Mr.,  of  Sudbury,  300. 
Browstreet,  Mr.,  155. 
Brye,  Phillip,  346. 
Bucklaud,  William,  172. 
Bucknell, 
George.  348. 
Richard,  346. 
Budiugton,  John,  148. 
Budstarte  (  ?),  John,  148. 
Bulkley,  Peter,  366,  370,  414. 
BuUevant,  Justice,  447. 
Bull,  see  Ball,  Richaid,  82,  83. 
BuUe  I  Nicholas,     lived     at     West 
Bully  )  Saco,  87;  signed  petition  to 
Cromwell,  141. 
Nicholas  jr.,  signed  petition   to 
Cromwell,  140. 


Buren,  George.  311. 

Burge,  Giles,  3.32.  333. 

Burgis,  Richard,  Godfrey's  gi-ant  to 
confirmed,  127. 

Burnett,  George,  to  administer  the 
estate  of  John  Walles,  346;  men- 
tioned, 3-15. 

Burrell,  John,  desired  the  jurisdic- 
tion of  Massachusetts,  316. 

Bursly,  John,  complaints  against, 
23,  40;  discharged,  23;  submitted 
to  Massachusetts,  23;  lived  in 
Kitteiy.  25. 

Burton,  Thomas,  killed  at  Fal- 
mouth, 4-54. 

Bury,  Ambrose,  submitted  to  Mas- 
sachusetts, 84. 

Bush,  John,  submitted  to  Massa- 
chusetts, 75,  85. 

Buttery,  John,  338,  387,  388. 

C 

Cadogen,  Rice,  52  54. 
Calle,  Richard,  311. 
Cambridge,  18,  293,  294,  474. 
Cammock.  Thomas,  326. 
Canada,  199,  236,  254. 
Cane,  Mr.,  5. 
Cannon  street,  153. 
Canv,  Thomas,  70. 
Cap" 
de  Canceaux,  4-38,  489. 
de  la  Chevre,  428. 
des  Rosiers,  438,  439. 
Enrage,  429. 
Cape, 
Ann,  296. 
-bona-wagon,  330,  344,  .345,   347, 

348. 
Breton,  198,  240,  241,  254. 
Cod,  191. 

Elizabeth,  bound  of  grant  to 
Lewis  &  Bonython,  1 ;  Mrs. 
Phillips  claimed  land  at,  443. 
Porpoise,  bound  of  grant  to 
Bonython  &  Lewis,  2;  commis- 
sioners appointed  to  settle  civil 
affairs  at,  67;  acknowledged 
the  jurisdiction  of  Massachu- 
setts, 72,  73,  83,  84,  87-89,  92,  98; 
to  lay  out  highways,  83,  87; 
civil  government  settled,  84; 
to  be  a  township,  84;  inhabit- 
ants of,  88,  89;  grants  to,  89, 
90;  to  resist  Cleeves,  97;  in 
need  of  a  minister,  135;  peti- 
tion to  Cromwell,  137-142;  peti- 
tion to  General  Court,  216;  Mrs. 
Phillips  claimed  laud  at,  443. 
Sable.  253.  2.54,  423. 
Capucirs.  431,  432. 
Carary,  Nicholas,  345. 


INDEX. 


481 


Card,  John,  391. 

Cai  r,  Sir  Robert,  letters  from  Risb- 
wortb,  269;  from  Danfortb,  270; 
letters  to  Arlington,  272-275; 
Just,ices  of  Maine.  277;  Morrice, 
27y-2Sl;  Cartwrifcht,  2S2;  desired 
a  tract  of  laud,  27i),  2So;  people 
desired  bim  for  governor,  28U, 
28:^,  298;  mentioned,  188,  204, 
205,  255,  256,  257,  259,  260,  268, 
278-276,  279,  855. 

Cartwrigbt,  George,  captured  by 
the  Dutcb,  272,  279,  282,  299; 
lame,  278;  landed  in  Spain.  299; 
report  concerning  New  Kngland, 
201,  202;  letters  from  Carr,  282; 
letters  lo  NicboUs,  255-257;  to 
tbe  king,  299;  inentioued,  188, 
204,  205,  259,  260,  264,  265,  268, 
272,  274-276,  280,  281. 

Casco,  home  of  Cleeve,  6;  of 
Tucker,  6;  Mitton,  7;  Lewis,  7; 
mentioned,  9,  208,  349,  410,  469, 
470. 

Casco  Bay,  .submitted  to  Massa- 
chusetts, 156,  157;  to  be  included 
in  Falmouth,  158;  fort  to  be 
erected  at,  889;  report  of  com- 
mittee concerning  the  planta- 
tion at,  398-400;  mentioned,  5,  8, 
226,  298,  814,  815,  408,  414,  415, 
441,472,  478. 

Casparot,  426. 

Castle,  the,  294. 

Causeau,  detroit  de,  142, 

Cawly,  Robert,  346. 

Cellen,  Thomas,  160. 

Cettery,  see  Kittery. 

Chadborn     /  Humphrey,  submitted 

Chadburne  (  to  Massachusetts,  22 
41;  signed  petition  to  Parlia- 
ment, 45;  mentioned,  10,  12, 
25,  247. 
William,  submitted  to  Massachu- 
setts, 22,  24,  41;  signed  peti- 
tion to  Parliament,  45;  men- 
tioned, 25,  95,  181 ;  his  mark,  41. 

Cbambly,  Sieur  de,  424. 

Champernown,  Francis,  signed 
petition  to  the  king,  148;  fver 
active  for  the  king's  interest, 
151;  letters  to  the  king's  com- 
missioners, 207,  208,  ,854,  855; 
justice  of  the  peace,  208,  258; 
expelled  from  office,  314;  served 
under  Marlborough,  814;  men- 
tioned, 140,  188,  205,  200.  211,  215. 
245,  271,  274,  277,  278,  312. 

Charles, 
I.,  152,  196,  233,  2.34,  245,  253,  263, 

298,  297. 
II.,  1S7,    190,   204,  248,   254,   259, 
409,  41G,  421. 

31 


Charles, 
the,  of  Olleroon,  273. 
river,  296. 

town.  879,  441,  442,  475. 
Charnisay,  Sieur   d'  Annay,   aban- 
doned La  Hear,  428;  built  a  fort 
at   Pentagonet,   424;  mentioned, 
142.  148,  481,  482. 
Chatburn,  see  Chadborn. 
Chater,  John,  172. 
Chaancy,  Barnabas,  signed  petition 

to  the  king,  148. 
Cheapside,  158. 
Chebisco  Dego,  414. 
Checkly,  Anthony,  322. 
Chestnut  trees,  298. 
Child,  Dr.  Robert.  443. 
Children  to  be  baptised,  255. 
Christian,  Gabriel.  892. 
Christmas   day,  the  keeping  of  a 

crime,  292. 
Church, 
Major  Benjamin,  asked  to  go  to 
Nonsuch,  406;  went   to  North 
Yarmouth,   467,   478;    ill,    467; 
letters  to  governor  and  council, 
456,  457,  4.59-408,  472-474;  men- 
tioned,   452,   455,  464-467,  469, 
470. 
-men,  only  freemen  in  Massachu- 
setts  291 
of  England,  151,  153,  384,  385. 
Church  well,  Humphrey,  311. 
Chuttchechah,  884. 
Claiff,  Peter,  219. 
Clapboard  island,  158,  226,  441. 
Clapboards,  319. 
Clap,  Roger.  176. 
Clarke.  Abraham,  346. 
Cliristopber,  :!22,  323. 
Edward,  lived  at  Cape  Porpoise, 
88;  signed   petition    to    Crom- 
well, 14(1;  mentioned,  78,  83. 
Jonas,    found     latitude    of    the 

Menimnc,  226,  227. 
Thomas,  grant    to    Morgan,  3.36, 
837;  to  hold  a  court,  .'AA  ;  order- 
ed to  disband  a  company,  851 ; 
mentioned,  19,  818,  818,  876. 
Thaddens,  167,  811,  353,416-419; 
his  mark,  353. 
Clayes, 
John,  219,  308. 
Thomas.  354. 
Cleeve,    (Jeorge,    deposition    con- 
cerning    Nash,     5;     (iopusitiona 
taken    by,    5,  6-8;    petitions    to 
General    Ckmit,    8,  9,    161,    162; 
governor  of  Ligonia,  8;  tipi)0.se(l 
by  X'ines,  S;   pretended    to    hold 
titles  to  ('ai)O  Porpoise,  Saco  and 
Wells,    97;  letter   to,   97,   US;  ac- 
knowledged jurisdictiou  of  Maa- 


482 


DOCUMENTARY  HISTORY 


sachusetts,  157;  deputy  for  Rig- 
by,  IHl;  his  lands  not  to  be  dis- 
turbed, 164;  petition  against  Jor- 
dan, 164,  165;  return  of  the  same, 
166;  second  petition  against  Jor- 
dan, 176-17^);  referred  to  the 
court  at  York,  179;  letter  to  com- 
missioners, 18i!-182;  recorded  for 
breach  of  oath  and  forgery,  308; 
mentioned,  46,  48,  130,  131,  169, 
410. 
Clements,  Richard,  surveyed  land 
for  Seacorab,  440,441;  surveyed 
land  for  EUior,  44:5-445;  letters 
to  Phillip  Wells,  445,  446. 
Cocheka  river,  155. 
Cock,  see  Cox 

John,  345,  387,  388. 
John  jr.,  387,  388. 
William,  3-48. 
Codagone,  Rice,  lived  at  York,  34; 
submitted  to  Massachusetts,  62. 
Codfish,  242,  373,  374,  428,  429. 
Coffin,  Peter,  155. 
Colcord,  Mr..  101. 
Colcott,  Edward,  109. 
Cole, 
Edward,  .346. 

John,    submitted    to   Massachu- 
setts,   84,    88;   lived    at    Cape 
Porpoise,  88;  signed  petition  to 
to    General    Court,  217;    men- 
tioned, 345,  348,  387,  388. 
Nicholas,  acknowledged  jurisdic- 
tion  of  Massachusetts,  75,  85; 
signed    petition   to   Cromwell, 
140;  petition  to  General  Court, 
217;  mentioned,  172. 
William,  submitted  to  Massachu- 
setts, 75,  85;  mentioned,  172. 
CoUacott  I  Richard,  irapowered   to 
Coilicut    j  hold  a  court,  344;  took 
his    oath,   344;   mentioned,   331, 
332,  343. 
Collins, 
Christopher,  170. 
Peter,  346. 
Colonial  Papers,  extracts  from,  146- 

148,  152. 
Columbus,  Christopher,  251. 
Comen,  Richard,  140. 
Comes,  Henry,  387,  388. 
Commings,  Richard,  87,  -332,  .333. 
Commissioners, 
of    Gorges,   protest  against  the 
order   of    Massachusetts,    243; 
answer    to    the    protest,    244; 
report    of    Jordan,    248.     249; 
order    to   Neale,  250;    Neale's 
answer,  250;  forbidden  to  mo- 
lest people  of  Maine,  259,  260; 
mentioned,  248,  297,  .309. 
of   Massachusetts,  sent  to  Kit- 


tery,  1 1 ;  protest  of,  14,  15 ;  an- 
swer to  protest,  15;  settle  civil 
government  at  Kittery,  19, 
23-25;  notice  of  1652.  20; 
held  court  at  Kittery,  23,  23; 
grants  to  Kittery,  25-31;  sum- 
mons to  Accomenticus,  31,  32, 
61,  62;  at  Accomenticus,  32,  35, 
62;  grants  to  Accomenticus, 
32,  .33,  63,  64;  submission  of 
Accomenticus,  33,  35,  61,  62; 
settle  civil  government  at  York, 

38,  39,  65,  66;  return   for   1652, 

39,  42,61,62;  protection  granted 
to  Shapleigh,  42,  49;  their  com- 
ing desired  by  Wells,  50;  settle 
civil  government  at  Cape  Por- 
poise, Saco  and  Wells,  67;  sum- 
mons, 74;  hold  court  at  Wells, 
71,  74,  75;  freemen  swoi-n,  72, 
76;  gave  Booth  liberty  to 
preach,  73,  83:  return  for  1653, 
73,  74;  protest  against  any  ex- 
ercising of  power,  92,  93 ;  to 
settle  dispute  between  Godfrey 
and  York,  123;  return  of  the 
same,  127-129;  settle  civil  gov- 
ernment in  Maine,  156,  219-221; 
report  concerning  eastern 
parts,  164;  to  hold  court  at 
York  and  Wells,  1662,  173;  let- 
ter from  Cleeves,  180-182;  from 
Jocelyn  and  others,  186,  187; 
not  to  molest  people  of  New 
Hampshire,  270;  hold  court  at 
York,  1668,  300-302;  return  for 
1668,  302-307;  expelled  officers 
appointed  by  the  king's  com- 
missioners, 314,  315;  mentioned, 
.50,  243,  244.  381,  382. 

of  New  England,  433,  4.34,  436. 

of  the  king,  report  of,  201,  202; 
orders  of,  202-2(i5;  in  Connec- 
ticut, 255,  284 ;  commissions  to 
justices  of  the  peace,  258,  259; 
letter  to  Arlington,  261,  264, 
281;  visited  Maine.  261,  26-5, 
297;  advised  the  building  of  a 
fort,  262;  hindered  by  Massa- 
chusetts, 262,  265,  273-275,  290, 
291;  letter  from  Champer- 
nown,  267,  268;  notified  of 
the  war  with  the  Dutch,  273; 
settled  the  rights  of  Rhode 
Island,  287;  in  Plymouth,  289; 
at  Piscataqua,  292;  at  Kenne- 
bec, 298;  pipers  lost,  299;  es- 
tablished the  rights  of  Maine, 
310;  officers  appointed  by, 
turned  out  by  Massachusetts, 
314,  315;  mentioned,  305,  310, 
.377,  433. 

of  the  United  Colonies,  287. 


INDEX. 


483 


Compagnie  des  Indes,  La,  438. 
Company  of    New  France,  Acadia 
granted    to,    199;    governor    ap- 
pointed, 199;  mentioned,  438,  439. 
Coudray,  St  Le  Borne  du,  4;i8. 
Concord,  471. 

Congregationalists,  295,  296. 
Conly,  see  Cunly. 
Abraham,  lived   at    Kittery,  25; 
signed   petition  to  Cromwell, 
141. 
Connecticut, 
visited  by  king's  commissioners, 
255,  2S4;   to   make   appeals  to 
the  commissioners,  284;  to  tol- 
erate  other    creeds,   284;  mis- 
take in  the  boundary  of,  284; 
doubted  Hamilton's  right,  284; 
complained  of   Massachusetts, 
284;  only  one  fort  in,   285;   in- 
habitants    of,     Presbyterians, 
285;  mentioned,  255,  285,    288, 
292. 
river,  191,  378. 
Convers,  Capt.  James,  469.  470,  475. 
Cooke,  Dr.,  452. 
Coole,  see  Cole,  Nicholas. 
Cooper.  Alexander,  311,  391. 
Cooper's  Hall,  152,  153. 
Corbett,   Abraham,    148,  274,  275, 

280,312. 
Corbin, 
Robert,  308,  325. 
Sound,  348. 
Corlyu.  Robert,  1.57. 
Cotes  des  Etchemins,  142,  143. 
Cotton,  John,  319,  320. 
Council  for  the  affairs  of  New  Eng- 
land, 1,  121,  442. 
Courtons,  Thomas,  lived  at  York, 
34;  submitted  to  Massachusetts, 
62;  signed  petition  to  Cromwell, 
141. 
Courts    held  at  Accomenticus,  .32, 
33,  .35;    at  Boston,   256,  261;  at 
Jordan's   house,  156;  at  Kittery, 
23;     at  Pemaquid,  343;     Wells, 
71,  74,  75,  SO,  280;  at   York,   27, 
04,  300-302,306,  310,  335. 
Coventry,  H.,  343. 
Cove,  tiie,  l<t6. 
Cowessit,  279,  283. 
Cowman,    Richard,  submitted    to 

Massacliusetts,  80,  86. 
Cox,  see  Cock. 
Richard,  316. 
Sliadrick,  346. 
Tliomas,  34.5,  346. 
Thomas  jr.,  346. 
William,  340. 
Crabs,  298. 
Cradock,  Governor,  296. 


Crawly,  Thomas,  deposition  of  108, 

109. 
Crocket, 
Eprem,  340. 

Thomas,  lived  at  York,  34;  sub- 
mitted   to  Massachusetts,   02; 
deposition  of,  108;  mentioned, 
.341. 
Crocket's  cove,  442. 

neck,  442. 
Cromwell, 
Oliver,  137,  149,  1.53,  197,  198,  236, 

238,  239,  241,  254,  293,  295. 
Richard,  149. 
Crosse,  Joseph,  219. 
Crowne,  William,  petition  of,  175; 
return  of    the    same,    175,    176; 
mentioned,  197. 
Cummings,  Richard,  87,  332,  3:33. 
Cunly,  .See  Conly. 

Abraham,  acknowledged  jurisdic- 
tion of  Massachusetts,  22,  41 ;  to 
have  privilege  to  appeal  his 
case,  30;  signed  petition  to 
Parliament,  45. 
Curbees,  466. 
Curtis, 

Henry,  345. 
Henry  jr.,  346. 
Joseph,  4.50,  451. 
Thomas,  126,  127,  311,  391. 
Curtus,  see  Curtis. 
Cussens,  John,  5,  316. 
Cutt. 

John,  31.5. 

Richard,  52,  .56,  31.5. 
Robert,  justice  of  the  peace,  203, 
2.58;  turned  out  of   office,  314; 
mentioned,  258,  340. 


D 

DArr.T.EBOusT,  Louis,  435,  436. 

Date,  John,  409. 

Dalibern.  440. 

Daramarill's  cove,  0,  330,  345-.348. 

Dana,  Richard,  474. 

Dauforth,  Thomas,  furnished 
money  t )  commissioners,  174;  to 
settle  the  Eiistern  parts,  206; 
commissioner,  220;  letter  from 
Carr,  270;  to  Ijinder  the  king's 
commissioners,  273;  lottors  to 
Rawson,381,3S2;  appointed  Pres- 
ident of  .Maine,  400,  4n|  ;  agree- 
ment with  Mary  .Munjoy,  409- 
411;  grant  to,  414;  indt'Ufuro 
with  Kdward  Tyng,  41(1;  men- 
tioned, 102,  176,  205,  210,  212,225, 
22S,  229,  274,  341,  391-393,  398, 
403. 


484 


DOCUMENTARY   HISTORY 


Daniel,  Capt.,  452. 
Joseph,  311,392. 
Nathaniel.  311,  391. 
Thomas,  315. 
D'Annay,     see    Charnisay,    Sieur 

d'Annay. 
Dare,  John,  345. 
Daulis,  440. 

Davie,   Humphrey,  impowered    to 
hold   court.  344;  took   his   oath, 
344;  mentioned,  343,  348,  409. 
Davies,  Daniel,  submitted  to  Mas- 
sachusetts, 22,  41;  lived  at  Kit- 
tery,  25. 
Davis, 
John,  submitted    to    Massachu- 
setts, 63;  licensed  to  keep  an 
ordinary,  33,  64;    a    sergeaiit, 
33;  deposition  of,   103;  signed 
petition     to    Cromwell,      141 ; 
signed  petition    to    the    king, 
148;   ill-treated    Peter    Weare, 
211,  213;  mentioned,  32,  34,  62, 
107,  369. 
Lawrence,  811, 353;  his  mark,  353. 
Nicholas,  commissioners  met  at 
his  house.   31,   61 ;    constable, 
33,  64;  submitted  to  Massachu- 
setts, 63;    signed    petition   to 
General    Court,      126;    signed 
petition  to  Cromwell,  141 ;  men- 
tioned, 32,  34,  62,  438-440. 
Samuel,  396. 

Sylvanus,  attorney  for  Clarke  and 
Lake,  336-338;    letter  to    gov- 
ernor and  council,  455,  4.56,464, 
465;  letter   to  J.  Trevett,  463; 
mentioned,  331,   390,   400,   411, 
413,416,  417,  419,  451,  454,  459, 
461,  465,  467,  474. 
Thomas.  19. 
William.  221,  313,  321. 
Dawes,  John,  311. 

Deamont  j  John,  submitted  to  Mas- 
Diamunt  \  sachusetts,  22,41 ;  signed 
petition  to  Cromwell,  140;  men- 
tioned, 25,  118. 
Deancant,  John,  311. 
Deane,  Thomas,  273,  290,  362. 
Dearing, 
George,  lived  at  Black  Point,  6; 

deposition  of,  6,  7. 
Roger,  311,341,391. 
Roger  jr.,  341. 
de  Can^,  Mr.,  235. 
Deer,  297. 
Delaware,  283. 

bay,  191. 
Denbo,  William,  345. 
Denis,  William.  465. 
Deunell,  Thomas,  lived    at   York, 
34;  submitted  to  Massachusetts, 
63. 


Denning.  Nicholas,  345,  346. 

Dennis,  Lawrence,  purchased  land 
of  Morgan,  338;  mentioned,  387, 
388. 

Dennison,  Maj.  Daniel,  commis- 
sioner. 11;  demanded,  Jocelyn's 
right  to  hold  a  court,  230,  231; 
answered,  230,  231 ;  letter  to  Gen- 
eral Court,  243 ;  warrant  to  Wells, 
244;  notice  to  Masterson,  245; 
letter  to  Jocelyn,  245,  246;  men- 
tioned, 20,  50,  52,  67,  69,  71.  73, 
79,  93,  120,  173,  242,  248,  326,  332, 
340. 

Derent,  Roger,  341. 

De  Rockmand,  M.,  234. 

Devon  County,  345,  347. 

Diamuut,  see  Deamont. 

Diepe,  198,  241. 

Dilt,  Daniel,  392. 

Dimond,  William,  341. 

Dixce,  Peter,  391. 

Dixon, 

William,  lived  at  York,  .34;  sub- 
mitted to  Massachusetts,  62; 
signed  petition  to  Cromwell, 
141;  signed  petitiou  to  Gen- 
eral Court,  126. 
Peter,  310. 

Dobrey,  seized  Foi't  St.  Johns,  196; 
his  widow  married  La  Tour,  196. 

Dolling,  John,  345,  346,  348. 

Donee,  2.54. 

Donell,  Henry,  lived  at  York,  34; 
submitted  to  Massachusetts,  62; 
feigned  petition  to  the  General 
Court,  126;  signed  petition  to 
Cromwell,  141. 

Dorchester,  5. 

Dorr,  Edward,  .345. 

Dover,  not  to  be  molested  by  Mas- 
sachusetts, 270;  taxed  for  war 
expenses,  350,  351;  mentioned, 
27,  30,  52,  1.55,  156,  158,  275. 

Douneinge  I  Daniel,  signed  petition 

Downing  (  to  Parliament,  45. 
Dennis,  submitted  to  Massachu- 
setts, 22,  41 ;  lived  at  Kittery,  2.5. 
Joshua,  account  of  catching  and 
curing  fish,  372-376 ;  petition  to 
the  king,  392,  393;  mentioned, 
311,  391. 

Drafton,  Thomas,  311. 

Druillettes, 
Sieur  Gabrielle,  433,  435. 
R.  Pere,  433,  435. 

Du  Cape,  241. 

Ducks,  298. 

Dudley, 
Joseph,  386. 
Judge,  447,450. 

Duke's  Province,  mistake  in  the 
boundary  of,  284. 


INDEX . 


485 


Dummer, 

Jeremiah,  petition  of,  415;  grant- 
ed, 415. 

Richard,  415. 
Dii  Monts,  usurped  Acadia,  2.32,  233. 
Dunkirk,  238. 
Duuuell,  see  Donell. 
Duustance  I  ,<,    ,,-    .an    act 
Dunston      }  ^44,  44..,  466,  467. 

TliOQias,    constable,    24,   43,  69; 
lived  at  Kittery,  25;  submitted 
to  Massachusetts,  4 1 . 
Durham,  Humphrey,  160. 
Dutch, 
the,  expect  English  laws,  2.56, 2.57; 
reduced   Moiiadoes,  265;    cap- 
tured Cartwright,  272,  279,  282, 
5;99;  notice  of  war  with,  273; 
capture   presents  Bent  by  In- 
dians, 286. 
Manadoes,  197. 
Dyment,  see  Deamout. 

E 

Eadge,  Robert,  311. 
Eagle  Point  Marsh,  209. 
Earthy,  .John,  348. 
Easter  creek,  209. 
East, 

Greenwich,  191. 

Saco,  inhabitants  of,  87. 
Edgcomb, 

Christopher,  311. 

Nicholas,    submitted  to    Massa- 
chusetts, 157. 
Edge,  Robert,    lived   at  York,   .34; 

submitted  to  Massachusetts,  63; 

signed  petition  to  the  governor, 

Oil 

Edmunds,  Robert,  345,  346, 

Edwards,  William,  346. 

Eels,  426,  427,  430. 

Egyptian,  name  given  to  Godfrey, 

1.52. 
Eliott,  Mr.,  .300. 

Elizabeth,  Queen,  197,  232,  240. 
Elkins,  Henry,  311. 
Ellingham, 

John,  62. 

William.  .34,  269. 
Elliot,   Robert,  land  of,  surveyed, 

443,  445. 
Elsin  1  John,    oath,    administered 
Elttonjto,  73,   83;   lived    at    (;ape 

Porpoise.  89;  signed   petition  to 

General  Court,  217. 
Emerie,  .see  Emery. 
Emerson, 

John,  471. 

Joseph,  people  of  Wells  to  assem- 
ble at  his  iiouse,  tl!t,  74;  sub- 
mitted  to    31a8bachusettfc',  72; 


signed    petition      to    General 
Court,  126;  signed  petition  to 
Cromwell,  141. 
Emery, 
Anthony,   lived   at    Kittery,  25; 
submitted    to     Massachusetts, 
22,  41 ;  signed  petition  to  Par- 
liament, 45. 
James,  submitted  to  Massachu- 
setts,   41 ;   signed    petition    to 
Parliament,  45 ;  signed  petition 
to  the  king,  396. 
John,  471. 
Endicott,  John,  letter  from  Good- 
win,  185,  186;  letter  from   Rish- 
worth,   133,   135;  mentioned,    19, 
58,  67,  137,  174,  186,  228. 
Engersoll,  See  Ingersell. 
George,  signed  petition  to  Gen- 
eral Court.  224. 
England,  New  England  to  be  gov- 
erned by  the  laws  of,  385;  men- 
tioned, 1,  10,  11,  14-16,  18,  43-15, 
96,  121,  130,  137,  140,  14.5,  149,  161, 
181,  190,  192,  193,  197-199,202-204, 
226,  232-234,    236,   238,   218,    249, 
252,  253,  2.57,   259,   260,  263,   28S, 
292,  295,  .309,   313,   318,   323,  36-5, 
386,416,  421,  437,443. 
English,  the,  251,  254,  423,  424,  425, 
431,   432,  436-438,  446,  451,   458, 
460,  464. 
Evans,     Edward,    killed    at    Fal- 
mouth, 454. 
Etchechemins,  the,  142,  429. 
Evered    )  Andrew,  lived   at   York, 
Everest  [34;    submitted  to  Massa- 
Everit     )  chusetts,  62;  signed  peti- 
tion to  the  General  Court,  126; 
Godfrey's  grant  to,  confirmed, 
127.    ■ 
William,  court  held  at  his  house, 
40;    submitted    to    Massachu- 
setts, 41. 
Exeter,  270,  313. 
Eyre, 
Eleazar,  312,  319,  320. 
Thomas,  312,  319,  320, 


FAnixi-.s,  Joiix,  54. 

Fairfield,  3.56. 

Falmouth,  to  include  Casco  Bay 
and  Spurwink,  158;  to  have  a 
commission  to  try  cast's,  15S;  to 
be  surveyed,  15'.»;  pctilions  to 
General  Court,  160,  :507,  30S,  '.VM, 
327,351-353;  people  e.voused  from 
training  at  York,  10-',  l<i3;  to 
iiavo  a  recorder,  103;  not  to  (lis- 
pose  of  the  laiidH,  104;  desired 
the    jurisdiction    of    Massachu- 


486 


DOCUMENTARY    HISTORY 


setts,  221-224;  number  of  free- 
men  in,  308;  can  all  house-hold- 
ers vote,  324;  not  able  to  enlarge 
the  town,  324;  fear  trouble,  324, 
325;  questions  from,  referred  to 
the  County  Court,  325;  people 
prohibited  from  moving  from, 
848,  349;  list  of  men  who  left  the 
garrison,  ;349;  men  killed  at  the 
fight  at,  454 ;  distress  at,  459;  Maj. 
Church  arrived  at,  459;  men- 
tioned, 104,  1(35,  17r>,  180-182,  262, 
306,  399,  410.  416-418,  440, 451, 456, 
466,  467,  472. 

Fashiou,  William,  240. 

Fayreweather,  John,  398. 

Fellow,  Abra.,  submitted  to  Massa- 
chusetts, 157. 

Felt,  George,  signed  petition  tp 
General  Court,  224,  308;  men- 
tioned, 408. 

Ferry,  licensed,  91. 

Filbricic,  Thomas,  56,  57. 

Firr  boaids,  295. 

Fish,  shipped  at  Boston,  295 ;  Down- 
ing's  account  of,  372-376. 

Fishermen,  duties  imposed  on,  378. 

Fishing,  at  Stratton's  island,  6;  in 
Maine,  383;  in  Acadia,  423,  426- 
428,  430. 

Flee,  John,  311. 

Fletcher, 
Seth,  signed  petition  to  Crom- 
well,   140;   disliked    at  Wells, 
159;  wanted  as  a  preacher,  171. 
William,     substitute     for    John 
Loder,  475;  died,  475. 

Ford,  John,  witnessed  deed  to  Hun- 
niwell,  421;  his  mark,  421. 

Fort, 
Albany,  292. 
de  Larch isnagara,  429. 
de  1'  Assomption,  430. 
de  la  Keve,  142. 
Du  Coudray,  438. 
hill,  256. 

Loyal,  its  maintenance  to  be  con- 
sidered, 401;  needfull,  402,405, 
406;  the  Indian  trade  to  main- 
tain it,  407;  the  garrison  to  be 
paid,  407;  mentioned,  410,  455, 
463,  464. 
Quebec,  captured  by  the  English, 
198 ;  restored  to  the  French,  198. 
Royal,  196,  198,234,437.* 
St.  Ann.  430. 
St.  Jean  or  John,  see  St.  John's 

fort,  241,  253,  254,  430,437. 
St.  Louis,  430. 
St.  Therese,  430. 
Saquaische,  426. 

Forts,  on  the  Neck,  166;  at  Sey- 
brook,  285 ;  to  be  erected  at  Casco 


Bay,   389;  built   by   Rasily,   423; 
built  by  D'Annay,  424;  at  Penta- 
gonet,  431 ;  at  Saco,  453. 
Foxwell, 
John,  168,  170. 
Phillip,  311,444. 

Richard,  signed  petition  to  Gen- 
eral  Court,  48;    submitted    to 
jurisdiction  of   Massachusetts, 
157;     injured    by    Burge    and 
Jackson,  332,  333;  mentioned, 
164,  170. 
Richard  jr.,  170. 
Fox  well's    garrison,  463,  465,  466, 
470.  ' 

France,  supplied  with    fish    from 
Massachusetts,  195;    mentioned, 
1,  190,  197,  198,  204,  233,  248,  2.=S2- 
254,  259,  416,  421,  437.  438. 
Freake,  John,  to  receive    a  deed 

from  Littlebury,  321. 
Freathy,  William,  lived  at  York,  34; 
acknowledged  the  jurisdiction  of 
Massachusetts,  63. 
Freese,    James,    wounded    at  Fal- 
mouth, 454. 
French,  the,  Port  Royal  granted  to, 
196,198;  encouraged  the  Indians, 
378;  mentioned,  241,  242,  431,  434, 
437,  446,  464. 
Frenchmen,  299. 
Frensham,  H.,  337,  338. 
Fresh  Marshes,  the,  441,  445. 
Frost, 

Charles,  submitted  to  Massachu- 
setts, 22.  41;  lived  at   Kittery, 
25;  witness  against  Bursly,  40; 
signed  petition  to  Parliament, 
45;    signed    petition  to  Crom- 
well,  141;  mentioned,   23,  306, 
327,  333,  351,  390,  396,  464. 
Nicholas,  submitted    to    Massa- 
chusetts, 22,  41 ;  lived   at   Kit- 
tery, 25;  signed  petition  to  Par- 
liament, 45;  signed  petition  to 
Cromwell,  141 ;  mentioned,  215. 
Mr.,  secretary,  96. 
Fry,  Adrian,  392. 
Fryer, 

Emanuel,  321. 
Nathaniel,  315,  341. 
Furbish,  William,  311. 

Furneld  \  Thomas,  311,  340,  392. 

WMUiam,  340. 
Furr,  242. 


G 

GAMMOiir,  Robert,  constable,  345; 
sergeant,  .347;  commissioner,  347. 
Gard,  Roger,  421,  422. 


INDEX. 


487 


Gardiner, 
Giifteth,  812   318,  331. 
Henry,  312  319,  320. 
Thomas,  impowered   to  hold    a 
court,   348,  3-14,   348;  took  the 
oath,  344;  treasurer,  344,   345; 
in   charge  of  military    affairs, 
347;  commissioner,  348;  licensed 
to  sell  liquor,  348;  mentioned, 
470. 
Garnesey  (  William,  lived  at  York, 
Garnsey    (  34 ;  submitted  to  Massa- 
chusetts, 63. 
Garrisons,    at    Falmouth,    349;   at 
Blue  Point,    469,    470-472;    Fox- 
well's,   463.   465-467;    trouble  in 
settling:,  471 ;    soldiers  to  be   re- 
leased from,  471. 
Gattirsley,  John,  o()6. 
Gayle,  Hugh,  lived  at  York,  34 ;  sub- 
mitted to  Massachusetts,  63. 
Gedney,  see  Gidney. 
Gee,  Peter,  54. 
Geese,  298. 
Geffords,  John,  151. 

GlmUe    I  Walter,  400,  416,  417. 419. 

General  Assembly,  only  church 
members  eligible,  256,  263; 
mentioned,  403,  416-418. 
Court,  5,  8,  9,  13-16,  18-20,  26,  31, 
36,  38,  39,  42,  46, 51,  53, 58,  59,  61, 
63,  65,  68,  69,  71,  73,  75,  79,  84, 
93,  97,  101,  118, 121,  124,  127,  128, 
130,  131,  1.34,  135,  150,  155,  160, 
164,  169,  171,  177,  181,  184,  185, 
189,  210,  214,  216,  218,  219,  225- 
230,  243-245,  263,  266,  272-275, 
291,  295,  3U0,  301,  305,  .307,  308, 
312,  313,  316,  319,  321-323,  325, 
327,  3.30,  332,  344,  347,  355,  359, 
362-364,  366,  370,  377,  379,  382, 
411.412,414,  415,  442. 

Generallists,  the,  287. 

Genison,  Elihu,  310. 

g^y  [  John,  180,  .308. 

Gibbins,  James,  submitted  to  Mas- 
sachusetts, 80,  86;  lived  at  East 
Saco,  87;  signed  petition  to  the 
king,  148. 

Gibbons, 
Ambrose,  95. 
Ann,  94. 
Dr.  Richard,  94. 

Gibbons, ,  Fort  St.  John  mort- 
gaged to,  196,  197. 

Gidney,  Bartholomew,  erected  a 
saw-mill,  399;  saw-mill  sold,  166; 
menU(ihed,  385,  409. 

Giles,  Matthew,  54. 

Gilinian, 
C'apt.,  351.. 


Gilmau,  continued. 

Benjamin,   letter    to    Gunnison, 
102;  deposition  of  113,  114. 

Gingden,  John,  346. 

Gingerson,  Joseph,  311. 

Glass,  Richard,  346, 

Goddard,  Will.,  95. 

Godfrey, 
Edward,  opposed  the  government 
of  Massachusetts,  14-16;  gov- 
ernor of  Maine,  15,  95,  151- 
153;  submitted  to  Massachu- 
setts, 32,  62,  63;  writing  ten- 
dered by,  36,  37;  answer  to,  37; 
petition  of,  121;  first  to  settle 
in  York,  121,  152;  patent  to, 
121 ;  complained  of  the  en- 
croachments of  settlers,  122, 
123;  commissioner  to  settle  his 
claims,  123:  petition  of  people 
against,  124,  125;  his  grants 
confirmed,  127,  128;  to  be  com- 
pensated for  attending  the  Gen- 
eral Court,  128,  129;  a  relative 
slain,  152;  land  surveyed,  422; 
letters  to  Kawsou,  16;  lo  Povey, 
251,  252;  information  concern- 
ing the  usurpation  of  Massa- 
chusetts, 148-150,  152-154;  men- 
tioned, 34.  .50,  65,  93,  94,  96,  129, 
149,  422,  433-435. 
John,  435. 
Oliver,  151.- 

Goff,  William,  293. 

GoUison,  see  Gunnison. 

Gonison,  see  Gunnison. 

Goocli,  see  Gouge. 
James,  signed  petition  to  Gen- 
eral Court,  219,  327. 
John,  submitted  to  Massachu- 
setts, 63,  72;  signed  petition  to 
General  Court,  217,  219;  meu- 
ti(med,  74,  76. 

Gooddrig,  Jeremiah,  341. 

Goodcuow,  John,  448—151. 

Goodwin,  Ditniel,  signed  petition 
to  Cromwell,  141;  constable  of 
Kittery,  183-185;  petition  to  Gen- 
eral Court,  184,  185;  impiisoned, 
185;  letter  to  Endicott,  185,  186. 

Gookin,  Daniel,  166,  172,  188,  293, 
385,  394. 

Gooseberries,  208. 

Gorges.  P^dward,  4,  442. 
Ferdinando,  petition  of,  1661, 143- 
145;  acknowledged  tiie  sole 
proprietor  of  Maine,  1N6-1S8; 
his  commissioners  lorbidih-n  to 
molest  tlio  people  of  .Maine, 
259,  'J60;  men  wlio  oi)i)osed  his 
interests,  .315;  willing  to  give 
up  liis  patent,  312;  mentioned, 
147,  188,   189,  204,  205,  222,  223, 


488 


DOCUMENTARY  HISTORY 


225,  2^3-248,  250,  251,  318,  358, 
361-305,  370,  380,  389. 
Sir  Ftidinando,  bis  government 
supported     by    Vines,    S;     bis 
patent,  255,  258,  261,  389;   Mas- 
sacbusetts    usurped   bis   terri- 
toiy,  292,   297;  Maine   granted 
to,  297,309;  named  Maine,  297; 
mentioned,  93, 121,  143,  144,  202, 
207,  208,  K12,  319,  320,  390,  392, 
395,  396,  399,  406,  417,  418. 
Jobu,  143. 
Lord  Robert,  251. 
Tbomas,  208,  422. 
Gorgiaua,  3!-3;],  35,  61,  205. 
Gartou,  285,  288. 
Gossbn,  see  .Jocelyn. 
Gouge,  see  Goocb. 

Jobu,  lived  at  Yoik,  34;  acknowl- 
edged tbe  jurisdiction  of  Mas- 
sacbusetts,   63;  selectman,   90; 
Godfrey's  grant  to,  confirmed, 
127;  signed  petition  to  Crom- 
well, 140. 
Jobu  jr.,  signed  petition  to  Crom- 
well, 140. 
Gousone,  Ed.,  lived  at  York,  34. 
Gowell,  llicbard,  391. 
Goyle, 
Ellingbam,  127. 
Hugb,  127. 
Grabam,  Ja..  443. 
Grand  Fontain,  Sieur  de,  424. 
Granger,  Jobu,  311. 
Grant, 
James,  148,  369, 
Peter,  311. 
Tbomas,  341. 
Giatious  street,  153. 
Graves, 
Jobn,  167. 

Josepb,    testimony  of,    446-448; 
sent  to  prison,  447;  could  give 
no  bond,  448;  sent  borne,  450; 
costs  to,  451. 
Mary,  testimony  of,  446-448;  her 
mark,  447. 
Graybam,  Randolpb,  447,  450. 
Gray's  Inn,  161,  251. 
Great  Biltain,  200,  254. 
Great  islaud,  315,339. 

Saint  Ellen's,  10. 
Greene, 
John,  22,  25,  41,  311.  391. 
Eicbard,  311,  392. 

Greene, ,  of  Rhode  Island,  288. 

Greenland,  Henry,  a  troublesome 
person,  328,  334;  complained  of, 
328,  329;  accounts  against,  335. 
Grensled,  Samuel,  signed  petition 
to  tbe  governor  and  council,  353; 
his  mark,  353. 
Griffith,  George,  312,  319,  320. 


Groton,  351. 

Grist-mill,  see  Mills  and  Saw-mill, 

at  Saco,  453. 
Grout,  John,  448,  4,50,  451. 
Gulf,  of  St.  Lawrence,  198, 199,  241, 

424. 
Gullison,  see  Gunnison, 
Gunnison, 
Elisba,  391,  . 

Hugh,  submitted  to  Massachu- 
setts, 22,  41 ;  licensed  to  keep 
an  ordinary,  24,  59;  commis- 
sioner, 24 ;  signed  petition  to 
Parliament,  45;  an  associate, 
60;  unlawfuU  attacbment,  103, 

104,  106-108,  110;  Sbapleigh's 
attempt  to  settle  with,  110,  111, 
113,  114;  attached  Sbapleigh's 
goods,  117,  118;  petition  to 
General  Court,  118-120;  at- 
tempt to  attach  his  property, 
98-100,  109,  115;  opposed  the 
attacbment,  99,  100,  104,  105, 
112;  out-buildings  attached,  99, 

105,  106;  letter  concerning,  100, 
101 ;  warrant  for  his  arrest,  101 ; 
his  assureties,  101 ;  advised  to 
keep  tbe  peace,  102;  signed 
jetition  to  Cromwell,  141;  land 
mortgaged  to  Russell,  441 ;  men- 
tioned, 25,  101,  104,  107,  109- 
ll2i,  116,  121, 

Mrs.,  102,  109,  113,  114. 
Guy,  Edwin,  319. 

H 

Hadley,  378. 
Haels,  Tbo..  .346. 
Haines,  William,  409. 
Hackluyts,  Richard,  197,  240. 
Hale,  Tbomas,  submitted  to  Mas- 

sacbusetts,  80,  86;  lived  at  West 

Saco,  87. 
Hall, 

Dodauah,  215. 

Capt.  Josepb,  454,  459,  465,  468. 

Samuel,  175. 
Hnlwel,  Eenj.,.308. 
Haraans,  see  Hammond. 
Hamilton,  tbe   Duke   of,   256,  272, 

276,  284,  285. 
Hammond, 

Edward,  311,  391. 

Jonathan,  219. 

Joseph,  215. 

William,  submitted  to  Massachu- 
setts, 75,  85;  signed  petition  to 
Cromwell,  140;  signed  petition 
to  General  Court,  172,  219. 
Hamms,  Maik,  116. 
Hampshire  Patent,  313. 
Hampton,'  55,  56. 


INDEX. 


489 


Hancock,  Xathaniel,  474. 
Hannot,  Thomas,  I5(i. 
Hanscom,  Thomas,  311. 
Harker,  Jolin,  34,  63. 
Harman.  John,  39(3. 
Harris,  Capt,  2G5. 
Harrison,  Capt,  272. 
Hartlib.  Mr.,  225. 
Harvard  College,  18,  227. 
Hatch,  Phillip,  lived  at  York,  34; 
submitted  to  Massachusetts,  63; 
si{rn(d  petition  to  Cromwell,  141. 
Hattield,  378. 
Hathorn,  see  Hawthorn. 
Hatlinrr  street.  1.53. 
Have,  La,  .see  Heve,  La,  2.j3. 
Hawkins,  Enoch,  310. 
Hawthorn,  William,  commissioner, 
11,  14,  15;  demanded  the  right  of 
Jocelyn  to  hold  an  assembly,  2-30, 
231;    Jocelyn's    answer    to,    230, 
231  ;  letter  to  General  Court,  243; 
warrant  to  Wells,  244;  notice  to 
Masteison,  245;  letter  to  Jocelyn 
and  others,  245,  246;  mentioned, 
20,  173.  242,  248.  290,  300. 
Haynes,  Thomas,  247. 
Heale,  Nicholas,  346. 
Heanes, 

Robert.  311. 
William,  311. 
Heard,  James,  signed  petition  to 
Cromwell.  141  ;  town   clerk,  317. 
Heggeridg.  Abel,  346. 
Helmen,  Thomas,  345. 
Hemp,  1!)9,  242. 

Henary .  signed  petition  to  Par- 
liament, 45. 
Hender,  Mr.,  251. 
Henrietta  Maria, 233. 
Henry  VIL,  197,  232,  240,  251. 
Herrings,  372. 
Hetchings,  Enoch,  340. 
Hetherse,  Robert,   lived   at  York, 
34;  submitted  to  Massachusetts, 
63. 
Heve,  La,  142,  143,  2.53,  423. 
Higgaii.setts,  the  Narrow,  J91. 
Highways,  to  be  laid  out,  83,  87. 
Hill. 

John,  311. 

Mr.,   to  settle  dispute    between 

Godfrey  and  York,  123. 
Peter,  80,  Hfj,  87. 
Richard,  345. 
linger.  141. 
Valentine,  129. 
Hills,  Joseph,  52,  57,  71. 
Hilton, 
Edward,  4,  320. 

William,  lived  at  York,  34;  sub- 
mitted to  Massachiisetts,  62; 
signed  petition  to  the  General 


Court,  126;  signed  petition  to 
the  king,  311. 

Hilton, ,  of  Exeter,  313. 

Hinkinsou,  Phillip,   lived  at  West 
Saco,  1^7;  submitted  to  Massachu- 
setts, 80,  86. 
Hingham,  300. 
Hippocras,  346. 

Hitchcox.   Richard,    submitted   to 

Massachusetts,   80,  86;    lived   at 

West  Saco,  86;   sergeant,  82,  91; 

signed  petition  to  Cromwell,  140. 

Hoare,  280. 

Hobbs, 

Christopher,  submitted   to  Mas- 
sachusetts, 80,  86 ;  lived  at  West 
Saco,  87. 
William,  signed  petition  to  Gen- 
eral Court,  219. 
Hodsdon,  Joseph.  311. 
Hog  island,  24,  42,  59. 
Hole,  John,  310,  391. 
Holland,  197. 

Mr.,  5. 
HoUicum,  John,  87. 
Hollman,  John,  311,316. 
Holy  island,  323. 
Homes,  David,  killed  at  Falmouth, 

4.54. 
Hones,  William,  .387,  388. 
Hooke,  Francis,  signed  petition  to 
the    king,    148;   justice    of    the 
peace,   203,   2.58;"  turned   out   of 
office,  314;  mentioned,    146,   186, 
215,  277,  278,  .339,  340, 390,  396,  422. 
Hooles,  John,  334,  33.5. 
Hord,  John,   Uved  at  Kittery,  25; 
submitted  to  Massachusetts,  22, 
41. 
Horewell,  Humphrey,  54. 
Hornbroke,  John,  465. 
Houchin,  Jeremiah,  19. 
Houper,  Mr.,  152. 

House  island,  given  to  Mary  Mun- 
joy,  410. 

Howden, ,  of  Rhode  Island,  288. 

Howell, 
John,  341. 

Morgan,  gave  bond,  72;  his  case, 
77,  92;  submitted  to  Massachu- 
setts, 84,  (^8;  lived  at  ('ape  Por- 
poise, 89;    signed    petition   to 
Cromwell,  14u. 
How,  (ioodman,  174. 
Ilowkins,  Enoch,  392. 
Hubbard, 

Jeremiai).  148. 
Jlr.,  of  Hingham,  .300. 
Mr.,  of  Ipswich,  300. 
Hudson  river,  191,  284,  204. 
Hues,  Thomas,  3.';3;  his  mark,  353. 
Hull,  Joseph,  4:i2. 


490 


DOCUMENTAKY   HISTORY 


Humphries,    Thomas,    constable, 

345;    sergeant,  346;    clerk,   347; 

marshal,  347. 
Huneliconib,  Thomas,  392. 
Hunkins.  Hercules,  54. 
Huunewell, 

Ambrose,  345. 

Richard,   deed  from  Sarah  and 
Albert  Jordan,  419,421. 

Robert,  87. 
Huswife  sound,  441. 
Hutchinson,  Elisha,  331,394,401,402. 


IcELLE,  M.  d',  435,  439,  440. 

Ince,  Jonathan,  asceitained  the 
latitude  of  the  Merrimac,  18,  19, 
227,  228;  mentioned,  20. 

Indian  trade,  4U4,  405,  407. 

Indians,  see  Savages,  complained 
of  Massachusetts,  28(3;  no  at- 
tempt to  convert  them  in  Rhode 
Island.  2S8;  method  of  their  con- 
version in  Massachusetts,  204;  in 
college,  294;  desired  the  protec- 
tion of  the  king,  298;  peace  con- 
cluded with,  in  the  East,  378; 
depredations  in  the  Connecticut 
valley.  378;  encouraged  by  the 
French,  378;  mentioned,  3j;9,  402, 
407,  446,  448,  452,  4.54,  456,  458, 
464,  466.  467,  471,  475;  friendly, 
434,  454,  460,  462,  465. 

Ingerfield,  George,  3U6. 

Ingersell   I  George,    160,    224,    306, 

Ingersoll  )  311,  349,  352,  415. 
George  jr.,  349. 
Joseph,  349. 
Samuel,  349. 

Inagerston,  George,  311. 

Inhabitants,  of  Cape  Porpoise,  88, 
89;  East  Saco,  87:  Kittery,  25; 
West  Saco.  86;  York,  34. 

Inn,  see  Ordinary. 

Inum,  Phenthas,  325. 

Ipswich.  300. 

Ireland,  1,  137,  190,  204,  248,  259, 
416,421. 

Iron  business  in  Plymouth,  290; 
in  Massachusetts,  295. 

Iroquois,  the,  430,  433-436. 

Islands,  adjacent  to  the  coast  to  be 
governed  by  the  town,  163. 

Isle, 
aux  Noisettes,  L',  427. 
aux  Renards,  L',  428. 
d'Dieu,  L',  4:^7. 
de  Larchisnagam,  L',  429. 
de  Mahinguin,  L',  428. 
de  Montonique,  L',  428. 
du  Grand  Meuan,  L',  423. 
Haut,  L',  428. 
of  Monhegan,  the,  428. 


Isles 

of  Shoals,  the,  part  of  York- 
shire, 26;  remonstrance  of  the 
people  of,  51,  52;  auswei  to,  52; 
petition  of,  53,  54 ;  answer,  54, 
55;  mentioned,  19,  20,  24,  29, 
43,  59,  68,  318,  320.  396. 

aux  Loups  Mai  ins,  Les,  429. 

des  Channes,  Les,  428. 

des  I'Assomption,  Les,  4-30. 

des  Plaisauces,  Les,  429. 

St.  Pierre,  Les,  430. 
Israelites,  name   given    to    people 

of  Maine,  153. 
Ixen,  Frederick,  207. 


Jacksok,  Johx,  322,  333. 

Jamaica,  238. 

James, 
1.,  1,  93,  195,  196,  233,  253. 
John,  448,  449. 

Jeffery    I  Diggerie,    148,    311,   341, 

Jeffoury  J  391. 
Gregoi'y,  submitted  to  Massachu- 
setts, 84,  88;  lived  at  Cape  Por- 
poise, 88;   signed    petition    to 
Cromwell,  141;  mentioned,  91. 
William,  4. 

Jenckin,  Renard,  25. 

Jenkings,  Jabis,  311,  391. 

Jenkins, 

Reginald,  22,  41. 
Stephen,  311,  391. 

Jewell,  Samuel,  54. 

Jinckins,  Renolds,  45. 

Joanes,  Rice,  54. 

Jocelyn,  Henry,  petition  to  Gen- 
eral Court,  46-48;  signed  petition 
to  the  kiug,  148;  acted  for  the 
king's  interest,  151;  submitted  to 
Massachusetts,  156;  justice  of 
the  peace,  203,  258;  asked  by  what 
right  he  held  an  assembly  at 
Wells,  230;  his  reply,  2.30;  re- 
corder, 259;  to  administer  oaths, 
259;  expelled  from  office,  314; 
letters  to  Nicholls,  146,  276;  to 
General  Court,  186,  187;  and  an- 
swer, 188,  190;  mentioned,  93, 96, 
169,  173,  180-183,  186-188,  205, 
209,  245,  247,  248, 2-50, 269,  271,  278, 
296,  302,  303,  304,  326,  351. 

Joeifery,  see  Jeffery. 

Johnson, 
Edward,  commissioner,  38;  sub- 
mitted to  Massachusetts,  63; 
signed  petition  to  Cromwell, 
141;  signed  petition  to  the 
kiug,  148;  justice  of  the  jjeace, 
203,  258;  letter  concerning  the 
northern  line,  225;   answer  to 


INDEX. 


491 


the  same,  227;  turned  out  of 
office,  :]14;  petition  to  the  king, 
354,  355 ;  mentioned,  IS,  52,  57, 
71.  107,  126,   17(i.  209,  221,  208, 
271,  274,277,278,401. 
William,  o85. 
Jones, 
Alexander,  208,  209. 
Thomas,  lived  at  Kittery.  25 ;  sub- 
mitted to  Massachusetts,  22, 41 ; 
sio;ned  petition  to  Parliament, 
45;  signed  petition  to  Crom- 
well, 141. 
Jonson,  William,  219. 
Jordan, 
Albert,  deed  to  Hunniwell,  419, 

421. 
Dominicus,  311,  416-419. 
Ensign,  406. 
Jeremiah,  311,  421. 
John,  311. 
Mary,  420. 

Eobert,  court  held  at  his  house, 
156;    submitted  to    Massachu- 
setts, 157;  Falmouth's  petition 
against,  100;  Cleeve's  petitions 
against,   164,   165,    170-179;    to 
answer  the  order,  106 ;  abused 
by  Thoipe,   108,  109;  Crowne's 
petition  against,  175;  justice  of 
the   peace,  203,  258;  asked  by 
•what  right  he  held  an  assembly 
at  Wells,  230,  231;  his  reply, 
230,   231;  declaration   as  com- 
missioner for  Gorges,  248,  249; 
imnrisoned  for  baptizing  chil- 
dren, 291;  mentioned,  108,  173, 
187,  188,  245,  250,  269,  314,  419. 
Samuel,  311. 
Sarah,  419-421. 
Jorselin,  .see  Jocelyn. 
Jourdau,  see  Jordan,  Thomas,  151. 
Jowell,  Kichard,311. 
Jurdan,  see  Jordan. 
Jurisdiction,  of   Massachusetts,  11, 
14-16,  IS,  19,  22-25,  31-33,  35,  40- 
42,  01-03,  67-09,  71,  72.  74,  75,  79- 
81.  83-80,   89,    92,   132,    136,    137, 
148-150,    156,   157,   173,   221,   201, 
206,  296. 

K 

Keitekey,  see  Kitteky. 
Kelly, 

Key n aid,  .345. 
Roger,  396. 
Kennebec, 

report  of  commissioners  to,  201, 
2U-l\  boundary  of,  298;  people 
of,  298;  had  no  government, 
298;    a  justice  appointed    for, 


299;  products  of,  209;  govern- 
ment to  be    settled    for,    330, 
331 ;  Gardner,  treasurer  of,  344; 
mentioned,  345-348,  405. 
river,  .see  Riviere  de  Quinihequy, 
boundary  of  Duke   of   York's 
patent,  190;  boundary  of  Prov- 
ince of  Maine.  201 ;  mentioned, 
262,  298,  330,  356,  357,  427,  428, 
430,  473. 
Kennebunk,  ferry  licensed  at,  91. 
Kent,  County  of,  191, 
Keny,  John,  311. 
Keve,  la,  142,  14:?. 
Key, 
at  the  sign  of  the,  153. 
John,  392. 
Kinebeque,  .see  Kennebec. 
King,  Richard,  311,  391. 
King's  Lynn,  94. 
Kirk, 

David,  captured  region  of  Can- 
ada, 233  234. 
John,   engaged   in   colonization, 
197,   198;    representation    con- 
cerning   Acadia,   232-240;    his 
loss,  234;   not   paid,   235;  sent 
out  the  Mary  Fortune,  23.5,  240. 
Sir  Lewis,  engaged  in    coloniza- 
tion,   196-198;    representation 
concerning     Acadia,     232-240; 
governor  of  Quebec.  234,   238; 
his  loss,  234;  not  paid.  235,  238, 
241  ;   sent  out  the   Mary  For- 
tune, 23.5,  241. 
Kittery,  to  be  received  under  the 
government  of  Massachusetts,  11, 
14;  grant  to  Thomas  Bronghton, 
12;  civil  government  settled  at, 
19-21.  23,  42;  court  held  at,   23; 
submitted  to  Massachusetts.  23- 
25,28;  grants  to,  24,  2.5-:U:  officers 
of,  24;  inhabitants  of,  25;  to  be  a 
township.  26,  29;  the  inl.nbitants 
to  be  freemen,  20,  29;  debts  to  bo 
collected   in,  28,   30;  boundaries 
laid   out.  35.  30,64;  petiiion   to 
Parliament,  43,  44;  remonstrance 
of,  51.  52;  people  of,  encroached 
on    the    rifzhts    of    Capt.     John 
Mason,  94-96;  petition  to  Crom- 
well,   137-142;    home   of    Robert 
Cutt,  258;  order  conccinin-;  Sab- 
bath   breaking,    207;    a^neinient 
conceming  religious  woisliip,. ".17; 
petition   concerning  a   nmiister, 
;]:5S-34() ;  answer  to  the  same,  341, 
342;  mentioned,  12.  32,  3.''>,  39,  42, 
43,  59-01,  00,  9.S.  102,  IK',  112,  155, 
1.50,  1.58,  ]8:]-18.5.  203,  207,  202,  ii07, 
274.  300,  31U,  312,  335,  393,  396. 


492 


DOCUMENTARY  HISTORY 


Knight, 

Ezekiel,  submitted  to  Massachu- 
setts, 72;  sisrned  petition  to 
Cromwell,  140;  signed  petition 
to  General  Court,  219;  men- 
tioned. 74,  76,  77,  90,  91,  306, 396. 

Ezekiel  jr.,  signed  petition  to 
General  Court,  219. 

George,  .S19. 

Robert,  lived  at  York,  34;  sub- 
mitted to  Massachusetts,  62; 
signed  petition  to  the  General 
Court,  126;  signed  petition  to 
Cromwell,  141 ;  mentioned,  131, 
379. 

Roger,  95. 
Korkett,  William,  signed  petition 

to  Cromwell,  141. 


Laconia,  93,  320. 

Laffillard,  143. 

Lake, 
Baquacack,  320. 
Chaniplain,  430. 
St.  Louis,  430. 
St.  Pierre,  430. 
St.  Sacrement,  430. 
Thomas,  deed  from  Littlebury, 
321;   giant  to  Robert  Morgan, 
336,  337;  mentioned,  322. 
Winnepusseaket,  18,  227-229,470. 

Landais,  Thomas,  440. 

Lander.  John,  104,  108. 

Lane,  James,  316. 

Langly,  Thomas,  340. 

Langsberry,  Greggory,  346. 

Lard,  John,  311. 

La  Tour,  Charles  St.  Estine  de,  dis- 
discovered  Nova  Scotia,  19."),  197; 
built  Fort  St.  John,  195,  253;  en- 
gaged Alexander  to  support  his 
right  iu  Nova  Scotia,  195;  grant 
from  Alexander,  196,  253;  French 
made  war  upon,  196;  mortgaged 
Fort  St.  John,  196;  to  seize  Do- 
brey,  196;  married  Dobrey's  wid- 
ow, 196;  in  possession  of  Port 
Royal,  196;  his  possessions  seized, 
197;  the  same  restored,  197;  occu- 
pied Nova  Scotia,  253;  knighted, 
253;  driven  awaj'^  by  Donee,  254; 
to  hold  the  fort  for  Great  Britain, 
2.54;  took  possession  of  Cape 
Sable.  253;  mentioned,  142,  234, 
431.  432. 

Lawrence,  Robert,  416-418. 

Lawson,  Christopher,  247. 

Laye,  142. 

Layton,  John,  87,  140. 

L'Borgne,  governor  of  Acadia,  199; 
captured  an  English  ship,  200; 
iu  Loudon,  200. 


Leader, 
George,  lived  in  Kittery,  25;  sub- 
mitted to  Massachusetts,  41. 
Richard,    opposed    the    govern- 
ment of  Massachusetts,  14-16; 
petition  of  Kittery  against,  43; 
trespassed   on    Mason's    prop- 
erty,  43,  55-57;  his  goods  at- 
tached, 55,  56;  gave  bond,  56; 
committee  to  settle  the  dispute, 
57,  58;  decision  postponed,  58; 
Mrs.  Mason's  case  against,  95, 
96;  mentioned,  12,  25. 
Lebbe,  Henry,  311. 
Leighton,  John,  87,  140. 
Letherbee,  Stephen,  311. 
Leuy,  George,  submitted  to  Massa- 
chusetts, 1.57. 
Leverett,  .John,  commissioner,  14, 
15, 220;  to  settle  the  eastern  parts, 
206;  at  Fort  Hill,  256;  mentioned, 
20.  57,  116,  149,  255,  270,  274,  301, 
307,  310,  313,  319,  321. 
Lewis, 
George,  7,  8,  63,  160,  224,  825. 
John,  325. 

Philip,  31 1,  354 ;  his  mark,  354. 
Thomas,  grant  to,  1-4;  extent  of 
grant,  1,    2;    consideration    of 
grant,   2,  3;  date  of,  and  de- 
livery of,  4. 
Liddon,  George,  .341. 
Liesse,  Didace  de,  432. 
Ligouia,  6,  8,  9,  93,  137. 
Li  man,  John,  22. 
Limestone,  288. 
Linn,  Sarah,  108,  209. 
Liquors,  348. 
Liscom, 
George,  340. 
William,  148, 
Littlebury,   John,  petition   to   the 
General  Court,  312,  :?13;  his  lands 
claimed  by  others,  312,  318,  319; 
report  on  his  claims,  319,  321 ;  to 
receive  a  deed  for  his  land,  320, 
321;  gave  a  deed   to  Lake  and 
others,  321 ;  another  petition  of, 
321,322;  desired  to  have  his  land 
set  off,  322;  desired   funds,  323; 
to  receive  five  pounds,  323. 
Little  Chabaick,  166. 
Littlefield, 
Anthony,   submitted    to    Massa- 
chusetts, 75,  85. 
Edward,  submitted  to  Massachu- 
setts, 75,  85;  advised  to  desist 
from    asserting    his    religious 
opinions,  78;  mentioned,  172. 
Francis,  submitted  to  Massachu- 
setts,  75,   85;   petition  to  the 
General   Court,   219;   court  to 
be  held  at  his  house,  244;  men- 
tioned, 172,  306,  315. 


INDEX. 


493 


Littlefield,  continued. 
Francis  jr.,  submitted  to  Massa- 
chusetts,  75,   So;  signed   peti- 
tion to  the  General  Court,  219; 
mentioned,  172. 
John,  submitted    to    Massachu- 
setts, So;  signed  petition  to  ihe 
General  Court,  219;  mentioned, 
172,  306,  396. 
Thomas,  submitted  to  Massachu- 
setts, 75,  85;  signed  petition  to 
the  General  Court,  219;  men- 
tioned, 172,  311,  392. 
Little  Harbor,  31S,  319,  .322. 
Loud,  .see  Lord. 
Lobsters,  29S. 

Lockwood,  Ricliard,  328,  329. 
Loder,  John,  475. 
London,  10,  43,  45,  55-58,  153,  200, 

288.  296.  319,  323. 
Long  Cricke,  167. 
Long  Island,  101,  441. 
Lord,  Abraham.  311 
Nathaniel,  submitted  to  Massa- 
chusetts, 41;  signed  petition  to 
Parliament,  45;  signed  petition 
to  Cromwell,  141. 
Nathaniel  jr.,  311. 
Lords'  Commissioners  of  Foreign 

Plantations,  343. 
Louis, 

XII [.,  142,  233,234,  253. 
XIV.,  254. 
Lovis,  (ioodraan,  .34. 
l/owd,  Francis,  387,  388. 
Lues,  see  Lewis. 

Lusher,  Eleazer,  166,  172,  188,  206, 
274. 

Lusher, ,  270. 

Lutterell,  Francis,  251. 

Lux,  Nikolas,  deposition  of,  98, 99. 

Luxton's  Sound,  441. 

Lygonia,  see  Ligonia. 

M 

Macrrino,  Edward,  808. 

Mackerell,  John,  311. 

Macworth, 
Arthur,  226. 
Jane,  306. 

Madahameouit,  426. 

Mackler,  Mr.,  300. 

Madeford,  Joel,  353;  his  mark,  353. 

Madineer,  Michael,  156. 

Malione,  Mr.,  315. 

Maiccheson,  Mr,  1.53. 

Maine,  Province  of,  to  be  under 
the  jurisdiction  of  Massachu- 
setts, 14;  commissioners  of  Mas- 
sachusetts, opposed  by  (iodfrey 
and  others,  15;  letter  to  Col. 
Nicliolls,  146;  people  of,  jjotition 
to  the  king,  147,  297,  298,  309-311 ; 


Godfrey,    governor    of,    151-153; 
threw    off    the    jurisdiction     of 
Massachusetts.    186-lSS;    Massa- 
chusetts determined  to  hold  her 
government  of,  189;  commission 
to  justices  of  the  peace,  258;  to 
be  under  the  king's  protection, 
258,  2(;2;   Massachusetts    forbid- 
den to  molest  the  people  of,  259, 
260;  claimants  in  to  make  their 
claims  known,    2oii;  troubled  by 
controversies   in   Massachusetts, 
261;   orders    to   military  officers, 
271  ;  boundaries  of,  297;  granted 
to  and  named  by  Gorges,  297,  309; 
people  of,  desire  the  jurisdiction 
of  Massachusetts,  297;  free  towns 
in,  29S;  products  of,  298;  to  hold 
sessions  in  Kennebec,  299 ;  officers 
appointed  by  the  king's  commis- 
sioners turned  out  by  Ma.ssachu- 
setts,  314,  31.");  enemies  to  Gorges 
in,  315;  return  of  the  committee 
on  matters   relating   to,  382-385, 
400-402;    Massachu^^etts   to  have 
jurisdiction  over,  38(5;  fort  to  be 
erected,  389;    government  to   bo 
established,   390;     purchased   by 
Massachusetts,  301,   oOo;  people 
in  dissent  to  the  government  of 
Massachusetts,  391-3i'3;  lands  in 
to  be  surveyed  and  sold,  391 ;  peo- 
ple satisfied  with  government  of 
by  Massachusetts,   394-3't();    en- 
croachment   by    government   of 
New  York,  397;  Massachusetts  to 
maintain  and  defend  her  jurisdic- 
tion, 397,  398;  Massachusetts  de- 
sired to  bo  reimbursed,  4(I0;  con- 
dition of,  401,  402;   to  maintain 
soldiers,  402;   proposals  to  settle 
affairs  in,  4().")-407;  mentioned,  14, 
53,  55,  5(i,  137,  144,    148,    150,151, 
2U1-204,  207,  219,  240-251,2.58-261, 
265,  269,  277,   278.  283,  325,   35(5, 
362,  392,  401,  405,  409,  412-414,  416, 
418,440-444,  46.5. 
Mallet,  Ilosea,  387,  388. 
Mansfield,  William,  311. 
Mante,  Cosmo  de,  4.32. 
Marks,    of     Arthur    Auger,      l.")7; 
Sampson     Anger,     141;     Samuel 
Arkemo,    157;    .Stephen     liatson, 
217;  Jonas  Hayley,  156,   170;  An- 
drew Hrainos,  156;  N.  Hnlly,  141; 
N.  13uliy  jr.,  14(i;  Thadeus Clarke, 
.3.53;   John   Cole,  217;    Abraham 
Conly,    141;    L.    Davis,  :\:,:l;    W. 
Dixon,    111;     N.   Kdgccoinb,    157; 
J.   Frost,  421  ;    N.    Frost,   141;   J. 
Grant,   ;!69;    .M.    Graves,    447;  S. 
(irensled,  35.3;   D.  (Joodwin.  185; 
T.  ilanuot,  156;  T.  Hues,  353;  li. 


494 


DOCUMENTARY  HISTORY 


Knight,   141;   G.   Leuy,  157;  P. 
Lewis,    354;    N.    Load,    141;    J. 
Madefoid,   358;  R.    Martin,    157; 
R.  Mfndu,  141;  M.  Morgan,  337; 
R.    Morgan,    3:^7;    G.  Moniiticu, 
140,  217;  D.  Movoak,   353;  Nan- 
aadconit,  409;  W.  Neuuell,    140; 
b.  Peulve.  353;  J.  Phillips,  157; 
J.  Putter,  447;  S.  Scarlet,  217;  A. 
bhapley.  380;  T.  Skillion,  354;  J. 
Smith,   141;    T.  Sparill.   354;  T. 
Spencer,   141;   R.    Stanford,   353; 
B.  Stivenes,  316;  S.  Stover,   141; 
G.  Taylor.  i56;  J.  Timey,  157;  S. 
Trote,  217;    P.   Turbat,  217;  R. 
Turner,  353;  D.  Waklye,  353;  A. 
Walden,  353;  Waraadbicton,  409; 
T.  Warner,  217;   R.    Waymouth, 
140;  N.  White,  156;  J.  Whitfoot, 
353. 
Marlborough,  174. 
the  Duke  of,  314. 
Manel,  Jolin,  391. 
Martha's  Vineyard,  191.  300,  383. 
Martin,  Richard,  48,  157,   3U6,   315, 

325. 
Mary  Fortune,    the,    sent    out    to 
trade,    198,   235,    241;    captured, 
198,  235,  238,  241. 
Marshall,  Robert,  340. 
Mason, 
Ann,  Joseph  her  agent,  45,  5o- 
58;  executrix  of  her  husband's 
estate,  55;  case  of,  93-96;    be- 
quests to,  94. 
John,  killed  at  Falmouth,  454. 
Jolm,  3U. 

Capt.  John,  bequests  in  hts  will, 
93,  94 ;  built  saw-mill,  95;  his 
territory  usurped,  292;  died, 
296;  agreement  with  Little- 
bury,  312;  mentioned,  43,  55, 
96,  149,  207,  319,320. 
Joseph,  signed  petition  to  Par- 
liament, 45;  agent  for  Ann 
Mason,  45,  55-57,  93;  action 
against  Leader,  55,  57 ;  dispute 
to  be  settled  by  a  committee, 
57,  .58;  decision  postponed,  58; 
land  claimed  by,  261,  283;  sent 
masts  to  England.  265  ;  advice 
to  Robert  Mason,  26o;  letter  of, 
256-266  ;  menticmed,  94-96,  149, 
151,  283. 
Robert  Tuf  ton,  letter  from  Joseph 
Mason,  265,  266;  New  Hamp- 
shire granted  to,  296;  willing 
to  give  up  his  patent,  342,  ;343; 
mentioned,  94,  256,  358,  361-365, 
370,  380. 
Capt.  Robert,  296. 
Dr.  Robert,  94. 
Sir  Robert,  261. 


Masonia,  93. 

Massachusetts, 

Kittery  to  be  received  under  the 
government  of,  11,  10-21,  23,  25, 
28,  31;  report  of   commission- 
ers,  14,  23,  39;    opponents   of, 
15,  16;  Godfrey's  letter  to,  10- 
18;  settled  civil  government  at 
Kittery,  19,  23;  commissioner's 
notice,  1652,  20;  submission  of 
Kittery,   23,  34;   signatures  of 
people  who  submitted,  23,  24; 
summons  to  Aggamenticus,  31; 
submission  of    Aggamenticus, 
35;  usurpation  of,  148,  149,261, 
263,   264,   294;  her  jurisdiction 
thrown  off,   186,  187;    protest, 
187, 188 ;  answer  to  protest,  18S- 
190;   forbidden   to   molest  the 
people  of  Maine,  204,  258,  260, 
309,  310;  Cape  Porpoise  desired 
the    jurisdiction   of,   216,  217; 
Wells,    Falmouth    and     Scar- 
borough desired    the    govern- 
ment   of,    218-224;    set   up    a 
bound  house,  261;  opposed  the 
king's  comtnissioners,  262,  265, 
266,    290-292,   295;   people  de- 
sired to  be  free  from,  266-268; 
not    to     molest      Strawberry- 
bank,  Exeter,    or  Dover,    270; 
presumption  of,  273,  276,  281 ; 
Jocelyn's    complaint    of,    276, 
277;    Connecticut    complained 
of,  284;  Indians   complain   of, 
286;    opposed     Rhode    Island, 
287;   sustained    Punham,   287, 
288;   carried  Rhode   Islanders 
to  Boston,  2S8;  disturbed  Ply- 
mouth, 289,  292 ;  report  of  king's 
commissioners,   290-295;    hard 
to    persuade    to    acknowledge 
the   king,  290;  intolerant,  291, 
292,     295;     claimed    extensive 
bounds,  292;  usurped  territory 
of  Gorges  and  Mason,  292,  296, 
297,   309;  entertained   Whalley 
and  Goff,  293;  attempt  to  op- 
pose the  king's  authority,  293; 
assisted  Cromwell.  293;  desired 
to  be  a   Free  State,  293,    294; 
levy  taxes  as  she  pleases,  294; 
keep  soldiers  at  the  Castle.  204; 
how  the  Indians  were   taught 
in,  294;  engrossed  the  trade  of 
New  England,  294;  college  at 
Cambridge,    294;    pait  of   the 
people  loyal  to  the  king,  295; 
government  of,  295;  trade  and 
commodities  of,  295;  banished 
Wheelwright,       296;       settled 
bounds      with      Mason,     296; 
divided  New  Hampshire  into 


IXDEX. 


495 


townships,  297;  petition  of 
towns  in  Maine  to,  o2ti,  327; 
kindlinj^  designs  upon  Maine, 
3")4,  i355;  to  assist  llie  eastern 
parts,  881.  382;  not  to  make 
laws  repugnant  to  England, 
38") ;  purcliased  Maine,  391,  o9o ; 
people  of  Maine  ol)jected  to 
the  purchase  of,  391-398;  her 
assistance  in  defending  Maine 
acknowledged,  394-396;  if  not 
allowed  to  hold  Maine,  the 
colony  desired  to  be  re  ira- 
bursed,400;  mentioned, 43,  60- 
62.  65,  69.  74,  75,  88,  89,  135, 
13!t,  140,  144,  147,  149,  150,  152, 
153,  155-157,  161,  174,  181,  183, 
184,  186,  188,  189,  202,  216,  245, 
268,  269,  272,  274,  300.  302,  305, 
356,  366,  370,  390,  408,  410,  411, 
416-419,471. 
charter,  258,  293,  290. 
Masse,  233. 

Massesusets,  Massitusets,  see  Mas- 
sachusetts. 
Masterson,  Nathaniel,  210,  223,  245, 

335. 
Masts,  in  Acadia,  199;  sent  to  Eng- 
land, 265,  29H;  laden  at  Piscata- 
way,  295,  297;  sent  from  Boston, 
295;  in   abundance,  242,  262,  280, 
Matawacke  island,  191, 
Mathethews,  Mathesusets,  see  Mas- 
sachusetts. 
Mattan       I  Hughbert,  submitted  to 
Mattoone  )  Massachusetts,  22,  41. 
Matthews,  Walter.  54,  247. 
Mattoun,  Rupert,  25. 
Mauxe,  M.  de,  435. 
Maverick, 

Antipas,  10,  25,  41. 
Samuel,  letter  to  Arlington,  272- 
275;   mentioned,  181,  188,   204, 
205,  25(5,  257,  259,  260,  208,  275, 
2.S  1,3.5.5. 
Mayhew,  Mr.,  300. 
Mayo,  Mr.,  .300. 
Maystersou,    see    Masterson. 
Meagiiasset  Bay,  .336. 
Megesse,  424. 

Meiatuties,  see  Massachusetts. 
Mc moires   Generales  de   1'   Acadie, 

422. 
Mcncil,  M.,434. 

Mendam     1  Kobert,   submitted     to 
Mendham  I  Massachusetts,   22,  41; 
Mendom     j  constable  of  Kittcry,  24, 
Mendum    J  43,  .j9;  lived  at  Kitiery, 
25:    depositioiirt  of.    98,    9'.t,    104- 
106,  109;  appraised  goods  of  (iun- 
uisun,   104,    111,  112,  118;  signed 
petition  to  Cromwell,  141;  select- 
man of  Kittcry,  340,  341. 


Meredy,  John,  341. 
Merrimac  river,  boundary  of  Mas- 
sachusetts,  17;    latitude   of,   un- 
certain, 18;  tiuc  discovery  of  the 
noitherly  branch  of,  to  he  made, 
97,  98;  letter  concerning  the  sur- 
vey  of,  225;  latitude   of,    found, 
226.  227;  return  made  by  Willard 
and  others,  227;  Aquedahtan  the 
head  of,  227;  deposition  of  Weaie 
concerning,    22S;    deposition   of 
Waldern     concerning,    22S.    220; 
called  the  Pemywoke,  229;  men- 
tioned, 261,  294,296,  298. 
Michell,  C;hrist.auer,  341. 
Michelson,  Thomas,  4.")8. 
Middlesex  county,  379,  398, 
Middleton,  .lames,  346. 
Miles,  Joseph,  lived  at  Kittery,  25; 
submitted  to  Massachusetts,  41; 
depositions  of,  106,  108, 
Miliquech,  253,  436. 
Mill  creek,  445. 
Miller, 
Jesper,  387,  388. 
John,  311,  392. 
Richard,  311,  392. 
Thomas,  85. 
Millne's  river,  326. 
Mills  to  be  erected  at  Newichwan- 

nock,  see  Saw-mill,  70,  95. 
Mines,  423, 

Mitter,  Thomas,  submitted  to  Mas- 
sachusetts, 75,  157. 
Mitton,  Michael,  lived  at  Casco,  7; 
deposition    of,   7;  submitted   to 
Massachusetts,  157. 
Mobhill,  (Jhristopher,  311. 
Moggerage,  Johu,  311. 
Monadoes,  2(i5. 
Monhegan,  330,  .345-348,  428. 
ISIonjoy,  see  Munjoy. 
Montague,   Griffin,   constable,   72; 
submitted  to  Massachusetts,  84, 
88;  lived   at  Cape    Porpoise,  88; 
signed  i)etitioii  to  Croniwuli,  140; 
signed    petition  to    the   General 
.    Court,  217. 
Montreal,  430. 

Moody, ,  340, 

Moore  i  Jacob,  committed  to  prison. 
More    (450;  gave   bond,  417;  sent 
h(jnie,  4.")0;  costs  to,  451. 
Kichard,  lived  at  (..'apo  i'orpoiso, 
80;   deposition  of,   1611;   .signed 
petition  to  Missachusetts,  217; 
nKsnlioiKid,  73,  S.!,  IdS. 
William,  lived  at  York,  .34;  sub- 
mitted   to    MassachnseltH,   62 
(iodfrcy's  grant  to,  conlirmed 
127;  mentioned,  311,391. 
Moot's  brook.  420, 
More,  sec  Muuro. 


496 


DOCUMENTARY  HISTOEY 


Morgan, 

Francis,  ?.40. 
Marj',  006. 

Robert,  grant  to  Clarke  and  Lake, 
<J8(i,  80T;  sold  land  to  Lawrence 
Dennis,  3oS. 
Morice,  Sir  William,  letter  from  the 
governor  of  Xew  England,  225; 
letter  from  Sir  Robert  Carr,  271), 
281. 
Morill,  John,  311, 
Worse  lisliing,  242. 
Mosse,  Tho.,  oil. 
iloulton, 

Jobn,  :-]87,  .388. 
Tho.,  210,  215. 
Mounticu,  see  Montague. 
Movoah,  Dennis,  o53;    his   mark, 

358. 
Munjoy, 
George,  justice  of  the  peace,  203, 
258;  did  not  become  a  commis- 
sioner, 278 ;  turned  out  of  office, 
314;  mentioned,  ISO,  181,   247, 
327,  408,  410,  411. 
Mary,  agreement  with  Danforth, 

409,  411. 
John.  352,  .35.3. 
Muns,  Mark,  deposition  of,  114,  115. 
Mussell 
Mussey 


[Thomas,  172,  311,  392. 


N 

NANAADCO>nTT,  deed  of,  to  Francis 

Ne.ale,  407-409;  his  maik,  409, 

Naulivgausett,  see  Narragansett. 

Nantucket,  191,  383. 

Narragansett  bay,  287,  288. 
county,  2(9,  28(5. 

Narragansetts,  the,  surrendered  to 
royal  protection,  285;  defended 
by  Rhode  Island,  2S7;  conquered 
their  neighbors,  2S7;  sold  terri- 
tory to  Rhode  Lsland,  287;  expe- 
dition against,  381. 

Narrow- Higgansctts,  191. 

Nash,  Robc-rt,  deposition  concern- 
ing, 5;  slandered  the  General 
Court,  5,  Vt;  lived  in  Boston,  6,  7; 
accused  of  disturbing  the  peace, 
6-8. 

Nason, 

Berjamin,  311. 
Jonathan,  311. 

Richard,  submitted  to  Massachu- 
setts, 22;  lived  at  Kittcry,  25; 
signed  petition  to  Parliament, 
45;  mentioned,  244.  247,310,  391. 

Natives,  see  Indians  and  Savages, 
disturb  the  eastern  parts,  376. 

Neale, 
Francis,  signed  petition  to  Gen- 
eral Court,  224;  order  to,  from 


Gorges' commissioners,  2.50;  his 
answer,  25i);  deed  from  Naua- 
adconitt,  407-^09:  mentioned, 
168,2.30,  231,  243,  240,  247,  306, 
3(18,315,  316,  318,  325. 
John,  311. 

Necii,  the,  166,  410. 

Nesh,  Isake,  102. 

Neuuell,  Walter,  140. 

Newberry,  300. 

New  England,  see  Nouvelle  Angle- 
terre,  1-4.  9,  22,  25,  28,  32,  35, 
41,  62,  75,  89,  93.  95,  96,  121, 
13(i,  137,  144,  147,  149,  150, 
152-154,  15(i,  190,  196,  201,  202, 
205,  225,  227,  251,  2-52.  262,  276, 
277,  279,  2.S2,  283.  288,  289,  293- 
295,  29t^,  3()W,  312,  318,  320,  321, 
336.  340,  342,  344,  356.  366,  379, 
392-394,  409,  410,  416,  424,  428, 
431,  440,  442,  443,  446,  448. 

New  France,  see  Nouvelle   France, 
^142,  143,  199,  2.53,  254,  42-1,  431. 

Newgewanock,  see  Newichwan- 
uock. 

New  Hampshire,  gi-anted  to  Robert 
Mason,  29i);  boundary  of,  296; 
Usurped  by  .Massachusetts,  296; 
called  Norfolk,  296;  people  of 
divided  concerning  the  jurisdic- 
tion of  Massachusetts,  2W0;  ma- 
jority disliked  the  jurisdiction, 
297;  divided  into  townships,  297; 
mentioned,  93,  2.53,  266,  315,  362, 
475. 

New  Haven,  288,  293. 

Newicliwaunock,  55,  56,  58,  93,  94, 
96,  134,  135,  203,  2.58,  468,  469. 
falls,  320. 

river,  saw-mills  erected  on,  70, 
95;  land  near,  sold  to  Thomas 
Spencer,  12. 

New  Plymouth,  boundary  of,  not 
determined,  286;  loyal  to  the 
king,  289,  290;  made  but  one 
complaint,  281);  liberal  in  religion, 
289;  disturbed  by  Massachusetts, 
289,  292;  towns  in,  290;  condition 
of,  290. 

New  Scotland,  190,  2-53. 

New  York,  261,  272,  277,  356,  377, 
386,  397. 

Nichols, 
Sir  Edward,  Godfrey's  letter  to, 

1.53. 
Matthias,  19.5,377. 

Nicoils,  Richard,  letter  from  Cart- 
wright,  25.5-2.57;  had  not  visited 
the  eastern  parts,  265;  letter 
from  Jocelyn  and  others.  276,  277; 
mentioned,  146,  188.  207,  26),  262 
272,  273,  278,  290,  302,  305,  313. 

Noel,  Thomas,  94. 


IXDEX. 


497 


Nonsuch  point,  167,  466. 
Norfolk, 
a  name  given  to  New  Hampshire, 

290. 
countv,  20,  68. 
England,  94. 
Northampton,  378. 
Northern  line,   letters   of   Willard 
and    Johnson    concerning,    225, 
227;  Clarke  and  Andrews'  obser- 
vation. 226,  227. 
North  Yarmouth,  467,  473. 
Norton, 
Henry,   lived  at  York,  34;   sub- 
mitted to  Massachusetts,    63; 
opposed     by     Gunnison,    99; 
served  a  warrant  upon  Gunni- 
son,   101;    signed    petition   to 
the  General  Court,    126;  God- 
frey's grant  to,  coufirmed,  127; 
signed   petition   to   Cromwell, 
141;  mentioned,  33,  64,  118,  181, 
422. 
the  Rev.  Mr.,  134,  135. 
Nouvelle, 
AngleteiTe,    see    New   England, 

433-436. 
Ecosse,  see  Nova  Scotia,  438. 
France,  see  New  France,  232,  234, 
433,  434,  436,  4.38,  439. 
Nova  Scotia,  extracts  relating  to, 
19.5-197;  discovered  by  La  Tour, 
195,    197;  its   discovery  claimed 
by  the  English,  197,  232,  230,  240; 
forts  in,  claimed  by  the  French, 
232;  captured.  237 ;  Sedgwick  sent 
to  subdue,  236;  English  title  to, 
240-242;  abstract  of  title  of  lands 
in,  252,  2.54;  occupied  by  La  Tour, 
253;  grants  in,  to  Alexander,  253; 
Barons  of,  253;  never  held  by  New 
Hampshire,  253;  lands  in,  granted 
to  Sir  William  Temple,  299;  men- 
tioned, 199,  201,  438. 
Nowell, 
Increase,  116. 

Samuel,  grant  to,  414;  mentioned, 
401,  415. 
Nuttache',  Cap.,  34. 
Nutter, 
Elder,  70. 
Hatevill,  52. 

O 

Oakman,  Ems,  349. 

Oaks,  abundant,  201,  298,  299;    in 
Acadia,  426,  427,  429. 

Oath,  form  of,  administered  to  jus- 
tices of  the  peace, 260. 

Oldham,  John,  442. 

Oliver, 
David,  345,  387,  388. 

32 


Oliver,  continued 

James,  300. 

Protector.  149. 

Kichard, 345-347. 
Orange  tree,  the,  451. 
Ordinary,  see  Public  House,  John 

Davis  licensed  to  keep  one,  33,  04 ; 

GiTunison    licensed,    24,    42.   .59; 

Wells  to  apjjoint  a  person  to  keep 

one,  79. 
Osburne,  Nico.,  345. 
Otwel],  Joseph.  441. 
Oyster  river,  470. 
Oysters  in  abundance,  298. 


Page,  Col.,  447.  450. 
Paine,  John,  46.5. 
Paltinate  of  Durham,  the,  309. 
Palmer, 
Henry,  346. 

John.  346,  347,  444,  447,  448. 
John  jr.,  346. 

WilUam, lived  at  Kittery,  25;  sub- 
mitted   to    Massachusetts,  22, 
41. 
Palmer,    ,   wounded     at    Fal- 
mouth, 454. 
Pancatuck,  228. 
Panicuit,  428. 
Paris,  143,  438,  440. 
Parker, 
Basil,  10. 

George,  lived  at  York,  .34;  sub- 
mitted to  Massachusetts,  02; 
signed  petition  to  the  General 
Court.  120;  his  grant  from  God- 
frey confirmed,  127;  signed 
petition  to  Cromwell,  141. 
James,  4. 

John,  deposition  concerning,  6; 
lived  at  York.  34;  submitted  to 
Massachusetts,  02;  signed  peti- 
tion to  the  General  Court,  12(i; 
signed  petition  to  Cromwell, 
141 ;  ordered  to  keep  Weaie  a 
prisoner,  200,  215;  mentioned, 
345,  387,  3S8,  4(55. 
Thomas,  345,  387,  388. 

Capt.  ,  351. 

Parliament,  petition  of  Kittery  to 

the,  43,  44. 
Parmenter,  John,  448,  450, 
Parnell,  Thom;is,  340. 
Pascataqua, 
harbor,  112. 

river,  boundary  of  Yorkshire,  26, 
28,  29;  vahiablo  as  a  place  of 
trade,  1.50,  297;  montioiied,  11, 
20.  20,  43,  OS.  7.->,  81,  «»,  ,s'.t,  l(i7, 
108,  1.50,  201,  262,  274,  312,  314, 
383,  442. 


498 


DOCUMENTAEY   HISTOEY 


Pascataqua,  continued, 
settlement  of,  kinjj's  commission- 
ers at,  292;  relief  to  be  sent  to, 
381,382;  mentioned,  15,  18,  ol, 
52,  93-95,  115,  116,  208.  228,  265, 
295,  314,  320. 
Pask,  river  of,  11. 
Passage  de  France,  422. 
Patten,  Thomas,  311. 
Pattishall,  Capt.  Edmund,  .345,  347. 
Paty,  Thomas,  signed  petition  to 

General  Court,  219. 
Paull.  Daniel,  submitted  to  Massa- 
chusetts, 22,  41;  lived  at  Kittery, 
25. 
Pawcatuck  river,  284. 
Peake,  Aderman,  1.53. 
Pearce,  .see  Perse. 
John,  signed  petition  to  the  king, 
148;  signed  petition  to  General 
Court,  126. 
Kichard  jr.,  346. 
Pearson,  George,  400. 
Pecters,  Heugh,  152. 
Peirce,  Capt.,  299. 
Peirson,  George,  413. 
Pell, 

Dr.  John,  .356. 
Thomas,  356. 
Peraaquid, 
river,  boundary  of  the  Duke  of 
York's  patent,   190;  mentioned, 
201,  262,  298. 

settlement,  court  held  at,  343; 
Gardner  to  have  charge  of  af- 
fairs at,  347;  Andros  sent  a 
party  to,  378 ;  New  York  gov- 
ernment encroached  upon,  397; 
tlie  government  of,  by  Massa- 
chusetts, to  be  maintained,  397, 
398;  mentioned,  330,  344,  345, 
347,  348,  .386,  388,  451,  462,  465. 
Pemywoke  river,  now  the  Merri- 

mac,  229, 
Pendleton,    Brian,    petitioned    to 
General  Court,  155;  character  of, 
315;   enemy  to  the    interests   of 
Gorges,  315;    mentioned,  21,  23, 
24.  28,  31,  32,  37,  39,  40,  50,  52,  .54, 
60-62,  64,  66,  69,  71,  73,  79,  93,  99, 
100,  103,  107,  108,  300,  306,  396. 
Penecoke  Indians,  464. 
Penlye,  Sampson,  311, 353;  mark  of, 

353. 
Pentagonet,  fort  built  at,  424,  425; 
assisted   by  the   king,  424,   425; 
mentioned,  142,  143,  198,  253,  254, 
424,  428,  429,  430. 
Penuset,  434-436. 
Pequid  Indians,  287. 
Perli,  Sampson,  308. 
Perse,  see  Pearce. 
Persons,  John,  392. 


Pessicus,  286. 
Pesumkitt  river,  408, 
Pesumscott  falls,  464. 
Petite  River,  La,  426,  429. 
Petnaquind,  see  Pemaquid. 
Phcnicks,  John,  341. 
Phillips, 
John,   submitted    to    Massachu- 
setts,   157 ;    guilty   of   fornica- 
tion, 308;  mentioned,  341,  441. 
Mrs.,  report  on  the  claims  of,  442, 

443. 
Nathaniel,  304. 
Thomas,  345,  346. 
Walter,  338. 

William,  signed  petition  to  the 
king,  148;  justice  of  the  peace, 
203,  258;  turned  out  of  office, 
312;  mentioned,  146,  244,  247, 
346,  357,  452. 
Philpot  lane,  152. 

Phipen, ,  complained  of,  308. 

Phippen,  Joseph,  160. 
Pierce,  see  Perse,  Capt.,  202,  293. 
Pigott,  195. 

Pike,  Capt.  Robert,  commissioner, 
220;  mentioned,  182,248,250,300, 
301,  306.  313,  401. 
Pine  point,  209, 
Pines,  298. 

Pipe-staves,  295,  319. 
Pinchon,  Major  John,  401. 
Piscataqua,  see  Pascataqua. 
Piscataway,  see  Pascataqua. 
Pitch    199  242. 
Plaist'ed.  Roger,  141,  306. 
Plymouth    colony,    see    New    Ply- 
mouth, 
corporation,  319. 
council,  161,  321. 
Pointe  aux  Chesnes,  La,  426. 
Point  Judith,  279,  283. 
Ponbokine  lake,  225. 
Pontanhura  river,  225. 
Porter,  John,  272,  300. 
Port, 
La  Heue,  200. 
La  Tour,  423. 
Rossignol,  437. 

Royal,  in  possession  of  La  Tour, 
196;  captured  by  the   English, 
198;  restored   to   France,    198; 
recaptured,  108 ;  settlers  moved 
from.  423;  mentioned,  142,  143, 
240,  241,  253,  254,  422,  423,  425, 
437. 
Portsmouth,    taxed    for    war    ex- 
penses, 350,  351 ;  mentioned,  137, 
273-275. 
Pousland,  Richard,  349. 
Poutring  court,  usurped  Acadia,  233. 
Povey,    Thomas,    letter    to,    from 
Godfrey,  251,  252. 


INDEX. 


409 


Preble,  Abraham,  lived  at  York,  34 ; 
commissioner.  08;  submiti.ed  to 
Massachusetts,  6:^;  his  grant  from 
Godfrey  confirmed,  127;  signed 
petition  to  Cromwell,  141;  men- 
tioned, 0"),  126.  896. 

Presbyterians  in  Connecticut,  285. 

Prescott,  Lieutenant,  471. 

Preston.  161. 

Pride,  John,  345. 

Priscutt,  Jonathan,  448. 

Prout,  Joseph,  letters  of,  to  the 
governor  and  council,  451,  452, 
457-459;  to  Bradstreet,  467,  468. 

Provinces  Unies,  434,  436. 

Public  liouse,  see  Ordinary,  licensed, 
347.  348. 

Pudinorton,  John,  311,  392. 

Pulraan,  Jasper,  311,391. 

Punliam.  287. 
Purchase, 
Samuel,  197,  240. 
Thomas.  245. 

Purchis,  Lieutenant,  .331. 

Purinton,  John,  217. 

Purston,  Thomas,  22. 

Puscataquah,  see  Pascataqua. 

Q 

QuAKErts,  287,  21t2,  395. 

Qu.imphegon  falls,  boundary  of 
grant  to  Broughton,  12;  land 
near  sold  to  Roules  and  Spencer. 
12. 

Quebec,  captured  by  Kirk,  234;  ex- 
pense of  Kirk  on  the  fort  at,  235; 
mentioned,  237,  239,  240,  241,  434, 
435. 

Quebiscint,  427. 

R 

Raines  J  see  Raynes,  NATnAisriEL, 

Rainok(311.  391. 

Ralph,  Mr.,  461. 

Ramay,  Christian,  signed  petition 
to  Parliament,  45. 

Ramuck,  William,  392. 

Raudell,  James,  311. 

Randolph,  Edward,  358,  360,  363, 
370,  383. 

Rasily,  M.  de,  143,  423. 

Raspberries,  298. 

Rawson,  Edward,  letters  to  God- 
frey, 16-18;  to  Andros,  376,  377; 
mentioned,  13,  20,  49,  55,  58,  66- 
71,  73,  79,  85,  SO,  88,  93,  90-98,  101, 
102,  114, 122-124, 129,  131-133,  137, 
141,  142,  1.55.  159,  16.3,  171,  173,  174, 
176,  180,  190,  205,  206,  220,  221, 
225,  227-229.  267,  302, 307,  313,  317, 
322,  32:',.  :525,  328,  330.  332,  33!, 
335,  362-361,  366,379,  3sl,  382,  3S6, 
389,  39 1, 397,  400-402, 405,  407,  411- 
414. 


Rayilly,  M.  de,  nee  Raisly. 
Kaynerl.NC  Raines,  Francis,    sub- 
Raynes  )  mitted  to  Massachusetts, 
62;    signed   petition    to   (^eneral  . 
Court,    126;    signed    petition   to 
Croniwell.  141;    warrant  for  his 
arrest,  211 ;  mentioned,  33,  34, 134, 
187.  1S8,  306,  315,  327.  340. 
Reading,    Thomas,    submitted    to 
Massachusetts,   SO,   86;    lived   at 
Saco,  S7. 
Reener.  William,  311. 
Reeves,  William,  depositions  of,  99, 

lUO,  lOfl,  107. 
Reims.  Felix  de,  432. 
Reinolls,  .see  Reynolds. 
Religion  in  Maine,  384. 
Rely,  John.  387,  388. 
Remington,  Jonathan,  382. 
Remonstrance  of  Pascataqua  to  the 
General  Court,  51,  52;  answer  to 
the  same,  52. 
Remuneration  of  a  minister,  135. 
Remuth,  Christian,  41,  311. 
RenoUs,  see  Reynolds. 
Reyly,  John,  387,  388. 
Reynolds, 

William,  submitted  to  Massachu- 
setts, 84,  88;  lived  at  Cape  Por- 
poise, 88;  to  keep  a  ferry.  91; 
signed  petition   to  Cromwell, 
140;     signed    petition    to   the 
General  Court,  217. 
William  jr.,   signed   petition   to 
the  CJeneral  Court,  217. 
Rhode  Island,  returned  thanks  to 
the    king's   commissioners,   285; 
submitted  to  royal  authority,  285; 
condition  of,  285;  liberal    in   re- 
ligion, 285,   287;    boundaries   of, 
286,  287;  hated  by  Massachusetts, 
287;  defended  the  Narraganselts, 
287;  the  rights  of  the  people  of, 
settled,  287;  annoyed  by  Massa- 
chusetts, 277-282,  2i'2 ;  received  a 
charter,  28S;  not  admitted  to  the 
confederation,  288;  towns  in, 288; 
government  of,  288;  no  forts  in, 
288;    agriculture    in,   288;    men- 
tioned, 250. 
Rice,  (ioodman,  174. 
Itice  I  Thomas,  22,  25,  41,   310,   341, 
Rise  )  391. 

Richard,  Protector,  149. 
Richards,  John,  336,  :562.  452. 
Richelieu.  Cai'dinal,  142. 
Richmond's  island,  7,  203,  258. 
Kiddan,  Thadilous,  58. 
RidiM-, 
John.  349. 

Pliineas,  signed   petition    to   the 
General  Court,  160,  224. 


500 


DOCUIVIENTARY   HISTORY 


Eiobie  1     Alexander,     -  appointed 

Eigby  (  Cleeves  governor  of  Ligo- 
nia,    8,  9;   his    authority    dis- 
puted, 130;  Oieeves  his  deputy, 
1()1;  dead,  161. 
Edward,  Cleeves  his  deputy,  161. 

Rise,  see  Kice. 

Risliworth,  Edward,  opposed  the 
jurisdiction  of  Massachusetts, 
14-16;  lived  at  York,  34;  com- 
missioner, 38;  submitted  to  Mas- 
sachusetts, 63;  signed  petition  to 
Cromwell,  141  ;  signed  petition 
to  the  king,  148;  justice  of  the 
peace,  203,  258;  recorder,  259; 
empowered  to  administer  oaths, 
259;  petition  to  the  king's  com- 
missioners, 354,  355;  letters  to 
Endicott,  133-135;  to  Carr,  269; 
to  Waldern,  333,  334  ;  mentioned, 
33,64,65,  102,  119,  123,  126,  146, 
159,  168, 179-181,  185,  187, 1^8,  189, 
204,  206,  208,  211,  214,  215,  218, 
247,  250,  268,  271,  274,  277,  278, 
314,  315,  326,369,  390, 396,  405,  422. 

River, 
ot    Canada,  see   River  St.   Law- 
rence, 190, 198,  232-234,  240,  241, 
424 
St.  Johns,  fort  built  on,  195,  men- 
tioned, 142,  424,  426,  429,  430. 
St.  Lawrence,  aee  River  of  Can- 
ada. 

Riviere, 
D'Araate,  La,  429. 
de  Comitou,  428. 
de  Pentagonet,  429,  430. 
de  Pescedona,  La,  428,  430. 
de  Quebec,  438. 
de    Quinibequy,    see    Kennebec 

river,  423,  425,  4.35. 
de  St.  George,  423,  425,  428. 
St.  Jean,  see  River  St.  Johns. 

Roberts, 
Lord,  251. 
William,  341. 

Robins,  Symon,  229. 

Robinson,"  Francis,  deposition  of, 
.325,  326. 

Rockmand,  M.  de,  2.34. 

Roffe,  Mr.,  153. 

Rogers, 

Robert,  311. 

Thomas,  submitted  to  Massachu- 
setts, 80,  86 ;  lived  at  East  Saco, 
87. 
William,  submitted  to  Massachu- 
setts, 62  ;  mentioned,  34,  311. 

Rope,  James,  445. 

Rorhara,  Humphrey,  353. 

Ross,  James,  440. 

Rouen,  143. 

Roules,  Sagamore,  12. 


Round  About,  the,  445. 
Row, 

Anthony.  31L 

Giles,  killed  at  Falmouth,  454. 
Rowswick  ishind,  387. 
Roxbury,  339. 
Royal  Society,  the,  358. 
Rvuters,  de,  261. 
Rusford.  109,  110. 
Rushworth,  see  Rishworth. 
Russell, 

James,  claims  of,  440,  441. 

Richard,  77,  78,  92,  124,  329,  342, 
441. 
Eutters, 

John,  testimony  of,  446-448. 

John  jr.,  447,  451. 
Ryains,  Jolm,  316. 
Ryes,  Thomas,  25. 
Ryford,  John,  287,388. 
Ryse.  see  Rice,  Thomas,  submitted 

to  Massachusetts,  22.  ^ 

S 

Sabbath-breaking,  law  concern- 
ing, 2C'6,  267. 
Saco, 
home  of  John  Smith,  7;  civil 
government  to  be  settled  at, 
67.  68;  submitted  to  Massachu- 
setts, 72,  80,  85,  86,  89,  92.  98, 
136;  Robert  Booth  to  preach  in, 
73,  83;  people  of,  made  free- 
men, 80,  81;  to  be  a  township, 
80.  81;  officers  of,  82;  to  build 
highways,  83,  87  ;  grants  to,  89, 
90;  to  resist  Cleeves.  97;  con- 
stables  of,  to  seize  Bonytbon, 
131-133;  people  of,  lack  cour- 
age, 134;  in  need  of  a  minister, 
135;  desired  a  resident  magis- 
trate, 135;  petition  of,  to  Crom- 
well. 137-142;  people  excused 
from  general  training,  162,  163; 
to  have  a  recorder,  163;  men- 
tioned. 73,  130,  131,  137,  158, 
164,  180,  203,  258,  306,  325,  39.6, 
453,  458,  473. 
falls,  453. 

river.  314,  315,  442,  443. 
Sagadahoc, 
island  of,  387. 
river.  2,  161,279,443. 
settlement,   1,  261,  262,  283,  345- 
348.  388,  442. 
Saint  Germain,  143. 
St.  Castine,  Sieur  de,  424. 
St.  Croix,  424,  429. 

river,  190. 
St.  Francois,  Pere,  431. 
St.  Jean,  Joseph  de,  432. 
St.   Johns  fort,  see  Fort  St.  Jean, 
built  by  La  Tour,  195;  attacked 


INDEX. 


501 


by  the  French,  196 ;  mortcjaged  to 
Gibbous,  196;  captured  by  the 
English,  K»8. 

Salco,  see  Saco. 

Salem,  137,  845. 

Salisbury.  55-57,  275.. 

Salmon,  427. 
falls,  12,  469. 

Sandford, 
Robert,  175,  808. 
Thomas,  ZOS. 

Saquaische,  426. 

Sardines,  426,  427. 

Sarel, 

Andrew,  811. 
John,  311. 

Sault  de  la  Chaudiere,  427,  480. 

Saunders,  John,  submitted  to  Mas- 
sachusetts, 75,  85 ;  mentioned,  80, 
91,  247. 

Savage, 
Thomas.  164, 
Major ,  401. 

Savages,  .see  Indians,  424.  426,  427, 
429,  431,  433-435. 

Saw-mill,  see  Grist-mill,  and  mills, 
at  Newichewannock,  56,  95;  built 
by  Leader,  96  ;  in  Falmouth,  166, 
167;  built  by  Gidney,  399;  at 
Plmouth,  290  ;  at  Saco,  453  ;  men- 
tioned, 402. 

Sawyer,  Henry,  315. 

Sayward.  Henry,  205,  210,  215. 

Scadlocke,  William,  subfiiitted  to 
Massachusetts,  80,  86  ;  grand- 
jurymen,  82  ;  lived  at  West  Saco, 
8(5;  signed  petition  to  Cromwell, 
140. 

Scarborough,  places  to  be  included 
in,  158;  boundary  of,  158,  159;  to 
try  cases,  158  ;  people  of,  excused 
from  training,  162,  163  ;  to  have  a 
recorder,  103  ;  petition  to  the  Gen- 
eral Court  against  Thorp,  169, 
170;  desired  the  government  of 
Massachusetts,  211,  221 ;  petition 
to  the  General  Court,  32(>,  327  ; 
mentioned,  176,  180-182.  306,  420, 
421,  444,  465. 

Scarlet,  Samuel,  217. 

Scotland,  1,  137,  190,  195,  196,  204, 
248,  259,  416,  421. 

Scottow, 
Joshua,  .351,  396,410,  421. 
Thomas,  letter  to  Major  Church 
and  otlieiH,  45(5-407. 

Seacomb,  Richard,  his  land  sur- 
veyed, 440,  441. 

Seaconib's  creek,  440. 

Seals,  242. 

Sealy, 

George,  54. 
Kicbard,  54. 


Sealy,  continued. 
William.  .53,  54. 
Seconnet  brook,  294. 
Sedgwick,  captured  La  Tour's  fort, 
197;  sent  to  Xova  Scotia,  236,  254. 
Seers,  John,  441. 
Selman,  John,  346. 
Senlis,  Cosme  de,  482. 
Sey brook,  fort  at,  2S5. 
Sey,  Lord,  284. 
Shad,  426. 

Shadbore,  Humphrey,  141. 
Shapleigh  /  Anna,  petit-on  of,  379, 
Shapley  ( .380;  in  need,  379;  lived 
with  her  son,  379;  her  mark, 
380. 
Nicholas,  lived  at  Kittery,  25; 
deed  to  Hartley,  9,  10;  sub- 
mitted to  Massachusetts,  22,  41 ; 
opposed  the  commissioners,  14- 
16;  protection  to,  42,  59;  his 
account  of  the  seizure  of  Gun- 
nison's goods,  100,  101.  109; 
accused  of  acting  contrary  to 
law,  103,  104,  107,  108,  110; 
acted  lawfully,  105;  Sar.ah 
Linn,  his  tenant,  108;  at 
tempted  settlement  with  Gun" 
nison,  11(3,  111,  113,  114; 
goods  attached,  117,  118;  peti- 
tion of,  121  ;  to  examine  the 
military  affairs  of  Yorkshire, 
133;  letter  of.  207:  asked  by 
what  jight  he  held  a  court  at 
Wells,  230,  231  ;  his  answer,  230, 
231;  mentioned,  28,  30,  50,  52, 
54,  99,  101.  104,  109,  110,  111, 
116,  119,  120,  )59,  173,  1S2-1S4, 
24.5,  247,  248,  250,  310,  312,  379, 
391.  442. 
Shaw,  Peter,  311. 
Shaw's  gut,  444. 

house,  284. 
Shearer,  Jeremy,  lived  at  Kittery, 
25;  submitted  to  Massachusetts, 
22,  41;  signed  petition  to  I'ariia- 
nient,  45;  mentioued,  311,  392. 
Sheepscot,  330. 

river,  201,  262,  298. 
Sheldon,  William,  148. 
Shephard,  John,  341. 
Siierinan,  John,  assisted  in  the  sur- 
vey of  the  Merriiuac,  18,  19,  227, 
228. 
Shi'ward,  Dunkin,  414. 
Ships,    .see    l{on-(J()ntont,    Charles, 
Mary  Fortune,  and  Orange  Tree. 
Short, 
Clement,  :!91. 
Uicliard,  340. 
Simmons,  .lolm,  25. 

Simonds,  Mr.  ,  11,  273. 

Simpson,  John,  311. 


502 


DOCUMENTAKY   HISTORY 


Simson,  Henry,  37Q. 
Skillon, 
J(.bn,  349. 
Thomas,  854. 
Smale,  Edward,  54. 
Small.  Francis,  156,  308,  441. 
Smelts,  373. 

Smeth,  Alexander,  170. 
Smith, 

John,  lived  at  Saco,  7,  86;    depo- 
sition of,  7;  submitted  to  Mas- 
sachusetts, 73,  82;  signed  peti- 
tion to  (homwell,  141. 
John,  of  Falmouth,  440,  445. 

Mr. ,  152. 

Thomas,  5,  442. 
William,  48. 
Smyth,  .see  Smith. 
Sokoquinois,  Lts,  433. 
Soldiers,  in   need  of  clothine   and 
provisions,  451,  4"}6-458,  467,  471- 
474;  needed   at   Saco,  453;  killed 
at    Falmouth,    454;    in    need    of 
medicines    and   a   surgeon,   456, 
457,  467,  473,  474 ;  those  in  the 
garrisons  to  he  released,  474. 
Southern  colonies,  272. 
Spain,    supplied    with     fish    from 
Massachusetts,   295;    Cartwright 
landed   in,  299;   mentioned,  202. 
Spaniaids,  242. 
Sparil,  Timothy,  .354. 
Sparks,  John,  b7. 
Spencer, 

Thomas,     purchased      land      of 
Roules,    12;   sold  the   same  to 
Broughton,   12;    submitted    to 
Massachusetts,  22,  41;  lived  at 
Kittery,  25  ;  signed   petition  to 
Parliament,  45;  signed  petition 
to  (Jromvvell,  141. 
William,  signed  petition  to  Crom- 
well, 141. 
SpJnny,  Thomas,  submitted  to  Mas- 
sachusetts, 22,  41  ;  lived  at  Kit- 
tery, 25 ;  signed  petition  to  Par- 
liament, 45. 
Spiague,  Capt.,  401. 
Spruce  creek,  208,  209. 
Spurwell,    Christopher,    submitted 
to  Massachusetts,  84,  88  ;  lived  at 
Cape  Porpoise,  89. 
Spurwiuk, 
court  held  at,  156 ;  submitted  to 
Massachusetts,  156,  1.57  ;  to  be  a 
part  of   Falmouth,    158;  men- 
tioned, 243,  326,  419. 
river,  158,  326. 
Sriven,  William,  311. 
Staokpole,  James,  311. 
Stanloid, 

Koberf,  311,  35,3. 
Thomas,  156,  311. 


Stanhope,  Jonathan,  448,  450,  451. 
Starbocke,  Edward,  155. 
Starborow,  see  Scarborough. 
Star  island,  24,  .59. 
Start,  see  Stirt. 
Stilling,  John,  311. 
Stirling,  the  Earl  of,  received  grant 
of  Nova  Scotia,  195, 196,  2.53;  con- 
veyed land  to  La  Tour,  196;  will- 
ing to   give   uj)  his   patent,  342, 
343;  mentioned,  197,  233;  see  Al- 
exander, Sir  William. 
Stirt,  Edward,   lived  at  York,  .34; 
submitted  to  Massachusetts,  ii2; 
signed  a  petition  to  the  General 
Court,  126. 
Stivens,  Benjamin,  316, 
Stoakes,  Henry,  345. 
Stone,  John,  complained  of  Bony- 
thon,  132;  depositions  of,  99,  100, 
104. 
Storer,  see  Stover. 
Stoughton,  William,  370,  372,  394, 

414,  450. 
Stover, 
John,  346. 

Sylvester,  lived  at  York,  34; 
submitted  to  Massachusetts, 
63;  signed  petition  to  the  Gen- 
eral Court,  126;  Godfrey's 
grant  to,  confirmed, 127;  signed 
petition  to  Cromwell,  141. 
Stratton's  island,  home  of  Alger,  5  ; 

Nash's  niibdemeanors  on,  6-8. 
Strawberries,  298. 
Strawberry  bank,  52,   94,   158,   269, 

270,  315. 
Striped  bass,  426. 
Sturgeon's  creek,  317. 
Sturt,  William,  388. 
Stylemaii,  Elias,  300. 
Sudbury,  300,  446,  448-4.50. 
Suff"olk  county,  398. 
Swackadock.  see  Sagadahoc. 
Swadden,    Phillip,    deposition    of, 

112;  mentioned.  106,  107. 
Swain     /  Jeremiah,   letters   of,    to 
Sweyne  (  the  General  Court,  453;  to 
Gov.    Bradstreet,    469-472;  men- 
tioned, 464-466,  468. 
Symons, 

Henry,  141,  159. 

Herlakendeu,  357. 

John,  25.  41. 

Samuel,  21,  23,  24,  28,  31,  .32,  37, 

39,  40,  58,  61,  62,  64,  60,  09. 
William,  141,  247. 


T 


Tadoussac,  424. 
Tar,  199,  242. 
Tavern,  see  Ordinary. 


INDEX. 


503 


Taylor, 

Georgre,  156, 
John,  311. 
Teepy,  Frances,  341. 
Temple, 

Thorn  .as,  197.  23S,  252-254. 
Sir  Thom.is,  201,  299, 
Terey,  Thomas,  340. 
Tetherly, 
Gabrill,  311, 
William.  311,  392. 
Thincj,  Jonathan,  72,  74,  80,  91. 
Thirston,  Captain,  267,  280-2S2,  354, 
Thomas, 
Rice,   bondsman  for   Gunnison, 
101;    deposition    of,   104;    em- 
ployed by  Treworgj',  104;  for- 
bidden to  cut  wood,  104;  warned 
Shapleigh    off    the     premises, 
108  ;  mentioned,  311, 
Solomon,  446,  447, 
William,  320.321. 
Thompson.  Myles,  140. 
Thorpe,  John,  actions  against,  168- 
170;   preached    in    Scarborough, 
169,  170  ;  ordered  to  stop  preach- 
ing, 170.  171. 
Three  Arrows,  the  Sign  of,  1.53. 
Thurston,  see  Thirstcm. 
Timber,  199,  201.  242,  280,  298,  383. 
Tinny,  John,  157,  311. 
Tons  island,  158. 
Toockei-,  Henry,  340. 
Topp,  Mary,  lived  in  York,  34;  sub- 
mitted to  Massachusetts,  62. 
Torrey,  William,  49,   50,   52.  .55,  58, 
66,70,  122.  123,  124,  129,  132,  1.33, 
137,  142,  1.^,5,    162,   163,   171,   173, 
176,  180,  206,  220,   221,   .307,   313, 
317,  322,  323,    325,  330,   .331,   333, 
335,   .305,   .381,  386,  389,  400,  407, 
41.3,  414,  41.5. 
Tower  street,  1.5.3. 
Townsend,  Joseph,  411. 
Tiaftington,  Thomas.  .■192. 
Trainings,  orders  relating  to,  102, 

163, 
Trevett,  John,  letter  from    Capt. 

Davis.  463. 
Treworgy,  John,  sent  men   to  cut 
wood,  104;  his  right  to  the  wood 
denied,  104;  i)eiMiitted  to  build  a 
house,  107,  112,  113;  mentioned, 
106,  107,  113.  116. 
Trick.  Elias,  345. 
Trickle,  Francis,  311. 

John,  311. 
Trie,  Adrian,  311. 
Tristum,    Thomas,    submitted    to 
Massacbnsetts,  86. 
see  Tiustram. 
Trois  rivieres.  La.,  430. 
Trote,  John,  219, 


Trott,  Simon,  submitted  to  Massa" 
chusetts,   84,   88;   lived   at  Cape 
Porpoise,   89;  sicned  petition  to 
General  Court,  217, 
Trout.  428. 

William,  .346. 
Troyes,  Felix  de,  432. 

Paschal  de,  432, 
Trustram,  Ealfe.  submitted  to  Mas- 
sachusetts, 80;  const.able,  82; 
lived  at  West  Saco,  86;  grand- 
juryman,  91;  signed  petition  to 
Cromwell,  140, 
Tucker, 

John,  deposition  of ,  98,  99 ;  men- 
tioned, 106. 
Lues,  311. 
Nicholas,  311. 

Pdchard,  took  testimony  concern- 
ing Nash,  .5,  6-8,  9. 
Robert,  56,  57. 
Tuesack,  Nick,  338, 
Tufton, 
Ann.  94, 
Robert,  94. 
Tuisdale,  .see  Twisdale. 
Tuisset,  336. 
Tuisset  gut,  3.36. 

Turbat,  Peter,  submitted  to  Massa- 
chusetts,  84,   88 ;   lived   at  Cape 
Porpoise,   88;  signed  petition  to 
the  General  Court,  217. 
Turkey,  5. 
Turner, 
hall,  152. 
Ralfe,  353. 
William,  240. 
Twisdale, 
John,    lived    at  York,   34;    sub- 
mitted   to   Massachusetts,   62; 
mentioned,  127,  128. 
John  jr.,  lived  at  York,  34;  sub- 
mitted to  Massachusetts,  63. 
Twisdell, 

James,  387,  .388. 
John,  127,  128. 
Twisden, 

John,  bondsman    for  Gunnison, 
101 ;    signed  petition  to  Crom- 
well,   141  ;   signed    i)etition    to 
the  king,  148;  mentioned,  311, 
370,  391. 
Peter,  .54. 
Samui'l,  141. 
Tyng,  Edward,  166.    1T2,   220,    .301, 
■307,   313,   321,    412,    413,   415-417, 
454. 
Tyrkie,  see  Turkey. 

U 
UicniUNK.  John,  345. 
UmpassiH.  Capt.,  452. 
llnited  colonies,  434,436. 
Upper  Clapboard  island,  226. 


504 


DOCUMENTAEY   HISTORY 


Vahux,  George,  4. 
Vallack,  Nico.,  346. 
Valliere.  -424. 
Vandreuil,  436. 
Verriuff, 
James,  387,  388. 
John,  345,  387,  388. 
Vessels,  see    Bachelor,    The,    and 

Ships. 
Vickary,  Rojier,  signed  petition  to 

the  General  Court,  48. 
Vines,  319. 
Richard,    opposed    the     govern- 
ment of  Cleeves,  8;  steward  for 
Gorges,  207;   deed  to  Withers, 
207,   208;   deed  approved,  209; 
Jones'   deposition    concerning 
the  deed,  209;  mentioned,  442, 
443. 
Virginia,  142,  233,  295. 
Vons,  L.  M.,  338. 
Vren,  William,  54. 

W 

Waddock,  Henry,  submitted  to 
Massachusetts,  SO,  86;  lived  at 
Saco,  87  ;  signed  petition  to  Crom- 
well, 141. 

Wadleigh  {  John,  submitted  to  Mas- 

Wadley      )  sachusetts,  75,  85 ;  men- 
tioned, 76,  90,  172. 
Robert,  submitted  to  Massachu- 
setts, 7'),  85 ;  signed  petition  to 
Cromwell,  141. 

Wahoway,  448. 

Waite,  Capt.,  401. 

Wakefield,  John,  submitted  to  Mas- 
sachusetts, 75,  85. 

Wakley,  Daniel,  353. 

Walden,  Anthony,  353. 

Waldern  /  William,  witnessed 

Waldron  (  Vines'  deed  to  Withers, 
208;  commissioner,  220;  deposi- 
tion of,  concerning  the  Merrimac, 
228,  229;  demanded  of  Jocelyn 
his  right  to  hold  a  court,  230,  231 ; 
answer  to,  230,  231 ;  warrant  to 
Wells,  244;  letters  from,  182,  184, 
211,  212,  243,  245,246;  letters  to, 
210,214,  215,333,  334  ;  mentioned, 
19,  52,  173,  207,  210,  243,  248,  250, 
300,  301,  306,  307,  313,  333,  340, 
349,  352. 

Wales,  John,  349. 

Wayley,  Nathaniel,  submitted  to 
Massachusetts,  157. 

Waleye,  John,  408. 

Walker, 
Isaac,  441. 
Richard,  229. 

Walles,  John,  160,  349. 


Wallice,  John,  311. 

Wallis. 

Bartho.,  353. 

Nathaniel,  petitioned  to  the  gov- 
ernor and  council,  349,  350; 
mentioned,  160,  311,  325. 

Walnut  trees.  298. 

Walter,  John,  346. 

Walters,  William,  345,  847. 

Walton,  George,  113,  319. 

Wannerton,  Thomas,  319,  320. 

Ward,  Obediah,  450. 

Wardell,  William,  accused  of  con- 
tempt of  Court,  74  ;  submitted  to 
Massachusetts,  75,  85 ;  advised 
not  to  assert  his  religious  opin- 
ions, 78. 

Warner,  Thomas,  submitted  to  Mas- 
sachusetts, 84,  88  ;  lived  at  Cape 
Porpoise,  88;  signed  petition  to 
the  General  Court,  217. 

Warren,  Richard,  345. 

Warwick,  272. 
Robert.  4,  442. 

Waters,  William,  346. 

Watertown,  18,  227. 

Watson,  John,  311. 

Watts,  Ilenry,  deposition  of,  6 ; 
signed  petition  to  the  General 
Court,  48;  submitted  to  Massa- 
chusetts, 157  ;  mentioned,  4. 

Waymouth,  Robert,  submitted  to 
Massachusetts,  22,  41  ;  lived  at 
Kittery,  25;  signed  petition  to 
Cromwell,  140. 

Wayte,  John,  385. 

Weale,  Francis,  1.57. 

Weare,  Peter,  see  Wyre,  signed  peti- 
tion to  the  General  Court,  126 ; 
Godfrey's  grant  to,  confirmed, 
127;  a  prisoner,  206,  210,  214; 
warrant  for  his  arrest,  211,  215; 
letter  to  Waldern, 210;  ill-treated 
by  Davis,  211,  213,  214;  letter  to 
Waldern,  211,  212,  214,  215;  his 
knowledge  concerning  the  Merri- 
mac, 228;  mentioned,  210,  215. 

Webb,  Henry,  316,  441. 

Webber  Edward.  387,  388. 

Webster,  John,  56. 

Weeks.  Nicholas,  340. 

Weimouth,  see  Waymouth. 

Welcom,  William,  346. 

Welding,  John,  311. 

Wellington,  Benjamin,  351. 

Wells,  commission  to  the  people 
of,  33;  petitions  of  the  people  of 
50,  137-142,  171,  172,218,  .326,  327 
to  have  the  bounds  laid  out,  64 
commission  to  settle  the  civil 
government  of,  67,  68 ;  summons 
to,  68,  69,  74;  court  held  at,  71, 
74,  75,  80,  244,  280;  submitted  to 


INDEX. 


505 


Massachusetts,  71,  72,  74,  75,  79, 
85,  89,  92,  9S;  peopl-,  of,  to  be 
freemen,  72,  76,90;  civil  govern- 
ment settled,  75,  7tj;  to  be  a  town- 
ship, 75,  79;  exempted  from  pub- 
lic rates,  77,91;  to  have  an  oidi- 
nary,  79;  to  lay  out  lugliways, 
83,  87;  grants  to,  89,  90;  advised 
to  resist  Cleeves,  97;  letter  to, 
130.  lol;  to  continue  under  the 
jurisdiction  of  Massachusetts, 
130;  desired  a  resident  magis- 
trate, 135;  return  upon  the  peti- 
tion of  ItiGl,  172,  173;  not  satis- 
fied with  Fletcher's  ministry, 
159;  the  right  of  holding  an  as- 
sembly at,  demanded,  230,  231; 
answer,  230,231:  mentioned,  73, 
155,  158,  161,  173.  203.  243,  247, 
25S,  262,  306,  310,  314.  315,  403. 
Wells, 
Isaac,  desired  as  a  minister,  338- 
340;  permitted  to  preach,  341; 
of  doubtlui  ability,  M2. 
John,  signed  petition  to  the  Gen- 
eral Court,  i!l9. 
Phillip,  letters  to,  445,  446;  men- 
tioned, 441. 
Thomas,  why  he  left  Kittery, 
330,  340.  • 

Wentom,  Edward,  lived   at  York, 
34;  submitted  to  Massachusetts, 
G2;  his  grant  from  Godfrey  con- 
firmed, 127. 
Weradbitticton,  deed  to  Nealo,  407- 

409;  his  mark,  409. 
Westchester,  356. 
Westcustoge  river,  398. 
Wester  Cieek,  209."' 
West  India,  251. 
John,      submitted     to     Massa- 
chusetts, 80,  SO;  lived  at  West 
Saco,    M>;    signed    petition    to 
Cromwell,   140;   commissioner, 
81,    91;    selectman,   82;    men- 
tioned, 172,  3z(). 
Saco,  inhabitants  of,  86. 
Westminster,  3' '9. 
Wetliers,  .see  Withers. 
Whale  fishery,  242. 
Whalley,  Edward,  293. 
Whaife,  Nathaniel,  308. 
Wharton,  Richard,  petition  of,  412, 

413;  petition  granted,  413. 
Wheelwright,  James,  314. 
the  Kev.  John,  131,  140.  290. 
Samuel,  2(J3,  2r)8,  2(7,  278, 351,  300, 
Thomas,  lived  at  Yoik,  34;  peti- 
tioned   fur  the  town   of  Wells, 
60;    submitted     to     Massachu- 
setts, 03;  commissioner,  76,  77, 
90;    signed   petition   to  Crom- 
well, 141;  mentioned,  131. 


Whiet,  Samson,  311. 
Whip,  Sufferage,  174. 
Whitehall,  145,  343. 
White, 
John,   submitted    to    Massachu- 
setts, 22,  41,   75,   So;    lived   at 
Kittery.  25;  signed  petition  to 
Parliament,      45;     mentioned, 
311,  31)1. 
Nicholas,  submitted    to    Massa- 
chusetts, 156. 
Richard,  310,  391. 
Whileloot,  John,  353. 
Whitmore,  John,  468. 

Eachel,  petition  of,  463. 
Widger,  James,  346. 
Wiggin, 
James.  184,311,  341,391. 
James  jr.,  311. 

Thomas,  4,  13,  21,  23,  24,  28,  31 
32,  37,  39,  40,  50,  61,  (52,  ()4,  06, 
07,  69,  70,  71,  73,  79,  93,  159. 
Wildgoose,  346. 
Willard, 

J.,  164,  414,  419. 

Symon,    letter    concerning    the 
northern  line,  225;  letter  con- 
cerning    the     Merrimac,    227; 
mentioned,  13,  18. 
Capt.,  462,  469,470,  472. 
Willet,  Mr.,  2.j6. 
Williams,  Jenkin,  408. 
Henry.  327,  349. 
Paul,  311. 

Thomas,  submitted  to  Massachu- 
setts, 80,  86;  commissioner,  81  ; 
selectman,  n2,  91 ;  lived  at  W^est 
«aco,  156;  signed  a  petition  to 
Cromwell,  140;  signed  petition 
to  ihe  king,  148. 
Williamson,  Jo.sepli,  360. 
Wilson,  Gowen,  submitted  to  Mas- 
sachusetts, 22,  41;  deposition  of, 
110-112;  mentioned,  113,  .Ml. 
Wincoll,  John,  submitted  to  Alas- 
sacliusetts,  22.  41;  livctl   at    Kit- 
tery, 25;  sigMcd  petition  to  I'ar- 
liament,  45;  justice  of  (he  peace, 
203,  258;  moulioued,  277,  278,  314, 
39(i. 
Winder,  Mr.,  256. 
Windus,  James,  240. 
Wine,  the  sale  of,  licensed,  24,  42, 

59. 
Winkall,  Cant.,  314. 
W'inna))a.seoKit  lake,  227-229. 
Winslow,  Governor,  2U3. 
Winter, 

harbor,  453. 
John,  7,  25(i.  .308. 
Wintlirop,  Governor  John,  letter  of 

356-35.S. 
Wire,  aec  Woaro. 


506 


DOCUMENTARY   HISTORY 


Wiswell, 

Ickabod,  345. 
Capt.,  470. 

Witch,  Elizabeth  Baylie  called  one, 
1(38,  J  69. 

Witchalls,  Emanuel,  345. 

Wite,  Josiah,  311. 

Withers,  Thomas,  opposed  to  jrov- 
erment  of  Massachusetts,  14-16; 
submitted  to  Massachusetts,  22, 
41;  lived  at  Kittery-  25;  deed 
from  Vines,  207,  208;  deed  ap- 
proved, 20li;  deposition  concern- 
ing, 209;  mentioned.  .52,  60,  106, 
109-113,  160,  1S7,  188,  340. 

Wollaston,  Sir  John,  94. 

Wolner,  Mr.,  153. 

Wo(.dbridge,  Mr.,  of  Newberry,  300. 

Worcester,  William,  123,  129. 

Worrastall,  Arthur,  commissioner, 
83,  83;  lived  at  Cape  Porpoise,  88. 

Wormwood,  Jacob,  signed  petition 
to  General  Court,  219. 

Wriford,  John,  345,  318. 

Wyhes ,  288. 

Wyre,  Peter,  spe  Weare,  lived  at 
York,  34 ;  submitted  to  Massa- 
chusetts, 62;  signed  petition  to 
Cromwell,  141;  mentioned,  302, 
315. 


York, 

Court  at,  29,  64,  168,  248,  302,  306, 
310,  335;  commission  granted 
to,  33;  inhabitants  of,  34;  for- 
merly Accomenticus,  35,  63; 
people  not  to  be  called  for  a 
general  training,  35;  bounda- 
ries of,  to  be  determined,  35, 
36,64;  civil  government  settled 
at,  38,  39,  65,  66;  to  have  a 
yearly  court,  38;  Godfrey's  dis- 
pute  with,  to  be  settled,  123; 


summons  to,   123:    people  of, 
petitioned  against  Godfrey,  124- 
126;    people    of,    petitioned    to 
Cromwell,  137-142;  warrant  to 
the  people  of,  205;  i)etition   of 
1671  to  Massachusetts,  325-327; 
Grant's  testimony  concerning, 
369;  answer,   3()9,  370;  desired 
that  the  soldiers  remain  at,  371 ; 
answer,   371,   372;    mentioned, 
20,  21,  24,  37,  42,  40,  59,  61,  72, 
119,   129,  137,  156,  158,   162,  163, 
173,   175,  180,   183,  185.  203,  204, 
206,   209,210,  216,   218,2.50,258, 
2.59,  262,  278,  310,  315,  339,  392, 
396. 
the  Duke  of,  190,  195,  252,  378. 
York  county  /  named    by   commis- 
Yoikshire      )  sioners  of  Massachu- 
setts, 26.  29,  297 ;  to  have  a  court, 
27;  people  not  to  be  called  for  a 
general  training,  27,  30,  35;   not 
supplied  with  sufficient    amuui- 
tion,  133;  under  the  government 
of   Massachusetts,  2(U ;  order  to 
hold  courts  in,  300-302;  ordered 
to  make  their  rates,  329;  did  not 
consent,   330;  people    prohibited 
from  m»ving  from,  348,  349;  rates 
to  be  raised,  350;  power  of  mag- 
istrates, .351;  mentioned,  38,   6-5, 
75,  77,  80,  89,  91,  92,  100,  101, 103, 
107,  117.   118,  121,    132,   133,    142, 
159,  170, 172,  176,  181,  182, 189.  219, 
243,  245,  .306,  307, 326,  328,  333,  442. 
Yorke,  Clement,  311. 
Yost,  Thomas,  435. 
Young,  Rowland,  lived  at  York, -34; 
submitted  to  Massachusetts,  62; 
mentioned,  215,  3ll,  392. 

Z 

Zashadohocke  river,  336. 


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